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Home › NC › Swannanoa › THE Christine Avery Learning Center - Valley
235 OLD US 70 HWY, Swannanoa NC 28778 · License #11000948 · Center · Child Care Center
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10A NCAC 09 .0601 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Generated from this facility's specific inspection record
Data synced from North Carolina's child care licensing agency on Jul 9, 2026 · Report an error
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0701 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .1102 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0302 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0601 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0604 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0803 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0902 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 0801 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0302 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0304 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0606 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0803 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .1102 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .1703 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .3222 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09.0606 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09.0902 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
G.S. 110-90 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
NC GS 110-90 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/6/2026 Number Present: 23 Completed Date: 3/6/2026 Age: From 0 To 5 Total Minutes: 331 Time In: 09:29 AM Time Out: 03:00 PM Time In: Time Out: List to Use: Center Type Of Visit: Annual Comp Full Announced/Unannounced: Unannounced The purpose of today’s visit was to monitor compliance during an annual compliance visit. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, was available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. The 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 percent (90%) as of 3/5/2026. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning Center, INC, is current/active as of 3/5/2026. Permit type – Four Star Rated License, issued 8/1/2024. Special Services/Restrictions – first shift, meets enhanced ratios, meets enhanced space. The last annual compliance visit was conducted on 3/26/2025 The last fire drill was practiced on 2/9/2026. Next drill is due by 3/31/2026. The last shelter-in-place drill was practiced on 3/4/2026. The last playground inspection was documented on 3/2/2026. The last fire inspection was approved on 2/6/2026. The last sanitation inspection was conducted on 1/29/2026 with eight (8) demerits for a superior classification. The Emergency Medical Care plan was posted and current. Lead water testing was completed on 2/11/2024 without hazards. The next testing is due by 2/11/2027. Lead paint and asbestos testing was completed on 4/18/2025. The facility is linked to Community High School. The next testing is due by 4/18/2028. The program does not provide transportation. Space #1, the group of infants were engaged in exploring the room, and one (1) staff member was in the floor engaged in play with the children. The other staff member was conducting routine duties. While monitoring the classroom, I observed the safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed it is critical that staff follow the safe sleep policy and conduct checks every fifteen (15) minutes. I recommend posting safe sleep charts near the cribs as a visual reminder to document once the check is completed and using a timer to assist with remembering to conduct the checks every fifteen (15) minutes. One (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. At 12:25p I observed nap time, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. One (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Space #2, the group of one- and two-year-old children were engaged in outdoor gross motor play with balls, and rocking horse. While monitoring indoors, I observed plastic diaper and wipe packing below five (5) feet accessible to children. We discussed the item must be up five (5) inaccessible to children or in a locked cabinet using a key, combination, or magnetic lock. Two (2) medications had a permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. One (1) Destin form expired 2/25/2026. One (1) Little Journey diaper cream was missing the dates to administer the medication. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. The arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. During nap time, the staff used natural lighting and calming music while sitting close to all the children. Space #3, the group of two- to three-year-old children were engaged in outdoor gross motor play with two (2) staff members and one (1) staff member brought two (2) children in to complete an art activity. While monitoring the classroom, I observed Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. One (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. One (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. The arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. During nap time, the staff used natural lighting, calming music, and quite activities for those who were not resting. The staff was sitting close to those not resting while supervising the other children. Space #4, the group of four- to five-year-old children were engaged in outdoor gross motor play. While monitoring the classroom, I observed disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. When finishing monitoring the classroom, the group transitioned indoors from gross motor play. They washed their hands upon arrival and transitioned to the carpet for music. During nap time, the staff were walking around the classroom to supervise the children and using natural lighting to assist the children with resting. Lunch today consisted of pizza, corn, mixed fruit, and milk. While monitoring outdoors, I observed chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Staff and children files were monitored. Staff member hired 11/20/2024- Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. QRIS Rated License Status: Today, we discussed the status of purchasing a curriculum for the Curriculum and Instructional Quality pathway. Facility is currently finishing up using Bright wheel curriculum and will transition to Creative Curriculum and TS Gold formative assessment April 1, 2026. We discussed that all staff would need to have documentation to show training was completed for the new curriculum and formative assessment prior to submitting the application for rated license. All staff will need to submit all current education to DCDEE WORKS to verify education. The owner has stated that she will be coming out to work with Ms. Scott on the Family and Community Engagement Standards and Continuous Quality Improvement plan. The facility tentatively plans to apply for rated license by 6/30/2026. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 125 Daily records of arrival and departure times for children at the center were not maintained as children arrive and depart and/or were not made available for review. Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. 10A NCAC 09 .0302(d)(4) 532 All children were not held or placed in feeding chairs or other appropriate apparatus to be fed. Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. 10A NCAC 09 .0902(b) 807 A safe indoor and outdoor environment was not provided for the children. Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground 10A NCAC 09 .0601(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. Space 4, disinfecting wipes located under the sink accessible to the children. .2820(b) 842 A drug or medication was administered without written authorization and/or instructions from a child's parent or authorized health professional. Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. 10A NCAC 09 .0803(1)(a & b) 847 Parent's medication authorization did not include required information. Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. 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. Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. .0803(12) 858 Plastic bags, materials that could be torn apart and toy parts small enough to be swallowed were accessible to children under three years of age. Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. .0604(q) 871 Center staff did not comply with the safe sleep policy. Space 1, one (1) child was in their crib laying on a boppy pillow. 10A NCAC 09 .0606(a) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. .0606(g) 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 the six (6) staff, that are hired at The Christine Avery Learning Center Valley. G.S. 110-90.2 & .2703(r) 1835 The medical action plan was not updated on an annual basis or when changes to the plan were made by the child's parent or health care professional. Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. .0801(b) 1890 Each staff member did not have the required medical report, proof of tuberculosis test or screening and/or completed health questionnaire in a medical file, maintained separately from the staff member's individual personnel file. Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. .0701(d) 1897 The child care administrator and all staff did not complete the Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. .1102(g) 9995 A violation was found for which there is no item number. Employee purses and other personal effects shall be kept out of reach of children. Space 4, staff pocketbook was located under the sink accessible to children. Technical assistance was provided as follows: Item 125- Space 2, the arrival/departure sign-in and out sheet was not completed for two (2) children. The staff member corrected this during the visit. Space 3, the arrival/departure sign-in and out sheet was not completed for one (1) child who came in late. The staff member corrected this during the visit. Rule Reference: 10A NCAC 09 .0302(d)(4) Item 532- Space 1, one (1) child was in their crib drinking a bottle while laying on their back, and another child had a bottle laying in their crib with them. We discussed when a child is eating their bottle they must be held or in a highchair. Rule Reference: 10A NCAC 09.0902(b) Item 807- Outdoors, chipping paint and rust showing on the see saw, along with potential pinch hazards on the plastic seats. The administrator stated that she has submitted a workorder to request repairs. The black felt barrier beneath the rubber mulch was exposed creating a tripping hazard on the infant/toddler playground. We discussed cutting the barrier to remove the trip hazard or covering it with mulch. Rule Reference: 10A NCAC 09 .0601(a) Item 840- Space 4, disinfecting wipes located under the sink accessible to the children. The administrator moved those to a locking closet up five (5) feet during the visit. Rule Reference: 15A NCAC 18A.2820(b) Item 842- Space 2, two (2) medications had permission to administer medication form that was blank and not signed off by the parent authorizing medication to be administered. Rule Reference: 10A NCAC 09 .0803(1)(a)&(b) Item 847– Space 1, one (1) diaper cream permission to administer medication form was missing the dose and dates to administer the medication. The staff corrected this during the visit. Space 2, One (1) Little Journey diaper cream was missing the dates to administer the medication. Rule Reference: 10A NCAC 09 .0803(4)&(6-9) Item 849- Space 2, One (1) Destin form expired 2/25/2026. Space 3, Tylenol and Desitin onsite for a child that no longer attends the facility. The administrator removed the medications during the visit and locked in the office. Space 3, one (1) emergency medication permission to administer medication form was dated 10/3/2025 to 10/3/2025 and was not returned to the parent. When asked the administrator feels the parent meant to date it for a year. We discussed that emergency medications are to be reviewed and updated every six (6) months. She will reach out to the parent to see if the parent wants the medication to remain on-site. If the medication is to remain on-site the parent will need to complete an updated permission to administer medication form dated for six (6) months. Space 4, Three (3) topical creams were expired and was not discarded or returned to the parents. The administrator removed the expired creams during the visit and locked them in the office. We discussed conducting monthly medication checks to ensure the medications and forms are current and in date. Rule Reference: 10A NCAC 09 .0803(12) Item 858- Space 1, Plastic diaper packaging that can be easily torn was accessible to the children. The staff member corrected this during the visit. Space 2, plastic diaper and wipe packing below five (5) feet accessible to children. We discussed plastic bags, materials that could be torn apart and toy parts or materials small enough to be swallowed must be inaccessible to children under three years of age. I suggested that administrative staff monitor all classrooms for children under three years of age daily to ensure small toys, small art supplies, plastic grocery bags, plastic packaging, and other potential choking hazards are inaccessible to children or removed from the classroom. I suggested that you review safety requirements with all staff members individually and during an upcoming staff meeting. I suggested that you create a daily safety checklist for staff to utilize each day to ensure a safe environment. Rule Reference: 10A NCAC 09 .0604(q) Item 871- Space 1, one (1) child was in their crib laying on a boppy pillow. We discussed that a boppy pillow shall not be in the crib with the child. The staff member took the pillow and the child out of the crib and laid them on the floor. Rule Reference: 10A NCAC 09.0606(a) Item 887- Space 1, safe sleep charts were not completed for four (4) children that were present on 3/5/2026. When asked the staff thought they were documented in a notebook, but the notebook did not document any safe sleep checks that were conducted. We discussed visually checking on sleeping infants every fifteen (15) minutes, per your facilities safe sleep policy, is critical in protecting sleeping infants from sudden infant death syndrome. I suggested that you discuss requirements for safe sleep checks as well as sudden infant death syndrome with all staff, especially all staff who work in the classroom for infants. I suggested utilizing the Caring for Our Children resource book for more information pertaining to safe sleep practices and sudden infant death syndrome. I suggested determining how safe sleep checks will be turned in to administrative staff and create a plan to review safe sleep checks weekly and prior to filing. I suggested that safe sleep checks may be conducted more frequently, such as every ten minutes, and utilizing a timer to assist you with remembering to visually check sleeping infants. Rule Reference: 10A NCAC 09.0606(g) Item 1805- The child care operator has not notified the Division of the six (6) staff, that are hired at The Christine Avery Learning Center Valley. We discussed the trained staff member will need to access the ABCMS portal to update the roster to show the staff that is currently employed. Staff should be listed under current employees. The administrator reached out to the administrative staff and they stated they would take care of updating the roster. Rule Reference: G.S. 110-90.2 & .2703(r). New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-6401 and someone will assist you. Item 1835- Space 3, one (1) Asthma Action Plan was dated 2/20/2025 and was not updated annually. We discussed the parent would need to reach out to the child’s doctor to request an updated asthma action plan. Rule Reference: 10A NCAC 09 0801(b)(1-4) Item 1890- Staff member hired 7/17/2025 as a substitute who worked four (4) weeks during the summer and then once a month until hired full time on 1/5/2026. The staff member had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Staff member hired 4/8/2025 had a medical report on file that addressed other areas of concern but was not considered physical. We discussed; the staff member would need to request the doctor complete the medical report form to document their annual physical. Rule Reference: 10A NCAC 09 .0701(d) Item 1897- Staff member hired 7/17/2025 and staff member hired 11/20/2024 Recognizing and responding to suspicions of child maltreatment certificate was not on file for review. Rule Reference: 10A NCAC 09 .1102(g) Item 9995- Space 4, staff pocketbook was located under the sink, which was accessible to children. The administrator moved the pocketbook to a locking cabinet inaccessible to children. We discussed that a staff member could have hazardous products or other items in their pocketbook that are to be inaccessible to children or locked. Best practice is to lock all staff personal belongings. Rule Reference: 15A NCAC 18A .2820 (f) Employee purses and other personal effects shall be kept out of reach of children. Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Name and position of individual submitting compliance statement • Date of visit • Violation item number • Signed statement of compliance I must receive your compliance statement by 3/20/2026. Email the compliance letter on signed letterhead or it must be sent from the email address registered with the DCDEE (this serves as your signature) to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed infant feeding plans. The plans were signed by the parent and dated. We discussed that the teachers need to sign off when they received and reviewed the infant feeding plan. The Healthy Social Behaviors Project (HSB) helpline for managing challenging behaviors telephone number (1-888-600-1685 Option 1), online portal, and Talk to the Expert space in the Social-Emotional Connections is available. Healthy Social Behaviors Project (HSB) now have an email for requesting HSB Coaching or training: HSB@ChildCareResourcesInc.org. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .3222 (c) If employment-related changes occur at a facility that result in noncompliance with or failure to meet the standards in the Section for the star rating issued, the operator shall correct the noncompliance within six months. If the operator does not correct the noncompliance within six months, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0802 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: 1025-076L Visit Date: 10/14/2025 Number Present: 24 Completed Date: 10/14/2025 Age: From 0 To 4 Total Minutes: 230 Time In: 09:55 AM Time Out: 01:45 PM Time In: Time Out: List to Use: Center Type Of Visit: Complaint Visit Announced/Unannounced: Unannounced The purpose of today’s visit is to investigate allegations of child care requirements. A computerized generated report of today’s visit was completed, reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the visit summary was left on-site with you. Cheryl Scott, Administrator, assisted me today. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-seven percent (87%) as of 10/14/2025. The facility operates with a Four Star Center License issued on 8/1/2024. The Special Services/Restrictions includes first shift, meets enhanced ratios, meets enhanced space. The complaint was received by the Division of Child Development and Early Education on 10/7/2025 and sent to me on 10/7/2025. There is a concern of inadequate supervision, sanitation, and nurture and care. Information received documented that a one- to two-year-old children were coming home with random bruises on their back, arms, and legs. Then a recent busted lip that was stated the child was trying to walk and hit their head on the counter. Another incident where the child was bitten and it left a scar. Another incident, children arrived late to school and there was not enough food. The staff would dig in the trash to find leftover food for children. During today’s visit, I observed the children engaged in outdoor gross motor play with sand, trucks, shovels, climbers, balls, see saw, rocking horses, and climbing tunnels. Staff were engaged with the children while actively supervising. I observed the group of two- to three-year-old children that had a few with challenging behaviors. When children crowded up at the edge of the sand box, the staff would ask if children wanted to play a game and several of the children would go to engage in the game. While the other children would remain at the sandbox with the staff member present. I observed one (1) child attempting to bite another child due to wanting the other child’s toy. The staff member was sitting next to the children and stopped the child from biting the other child and re-directed the child to become engaged in play with something else. Another incident was observed when the child attempted to hit another child. The staff member re-directed the child and stated that they use gentle hands. I also asked the staff why the tarp was not fully removed from the sandbox. The staff member stated that she was not sure. I discussed with her by removing the tarp fully, it gives the children more room to spread out in the sand box and they would not be crowded in the one (1) corner increasing the potential biting incidents. The staff member immediately removed the tarp fully from the sandbox and she observed the children spreading out and having more room to play and the incidents for biting reduced. Staff were observed meeting the individual needs of the children. After gross motor play, the children transitioned indoors to wash hands and prepare for lunch. Lunch served was tacos, corn, fruit salad, tortilla, and milk. I interviewed the administrators and two (2) staff members. The administrators reported all incidents are reported and a copy is provided to the parent. The parents are notified immediately depending on the severity of the incident. Regarding the food incident, the facility has the food delivered daily from Buncombe County Schools. The food is delivered in a delivery hot box bin and is housed in bin until it is served. The staff get the food out of the delivery bin to serve the children. When children come in late, they will look in the delivery bin for any unserved food that is left to serve the child. The bin only contains unserved meals and any food that is intended to be returned to the kitchen. One (1) staff member reported all injuries that are witnessed, the incident is documented on the required incident report form. Minor injuries like scratches, parents are notified at pick up when they receive the incident report. Major decent size bumps, bruises, or more severe injuries parents are notified immediately via text or through the Brightwheel app. When asked if there are any reoccurring incidents, the staff member stated biting, but this an developmentally age-appropriate incident as the children are learning how to express themselves and learning their words. The staff stated that they try to prevent any recurrences by learning what triggers the child, providing chew toys that are cleaned and sanitized after use, reviewing teeth are for food, and stay close to the child that attempts to bite. The other staff member, when an incident occurs, an incident report is completed and notifies the parent. The parents are given a copy of the incident report, and the parents sign a copy for the facility. For biting incidents, the staff members stated to prevent reoccurrences, they try to re-direct the child, get them to become engaged in another activity and review with them that teeth are for food. Incident reports and incident log were viewed during the visit. Incident reports are completed for all injuries and kept in the children’s file. The log for the most part was maintained. However, I did observe that one (1) incident from 9/19/2025 was not logged on the incident log. We discussed that all incidents must be logged. While reviewing the incident reports I observed ten (10) incident reports dated from March 28, 2025 to September 16, 2025 did not have a parent signature or initials indicating the parent declined the incident report. Based on the interviews, and information received, the allegation regarding supervision, nurture and care, and sanitation is unsubstantiated. The following violations were documented during today’s visit: Violation Number Comment Rule 852 Incident reports were not completed each time a child was injured, it did not include all the information required in rule, it was not signed by the parent and/or it was not maintained in the child's file. Ten (10) incident reports dated from March 28, 2025, to September 16, 2025, did not have a parent signature or initials indicating the parent declined the incident report .0802 (e) 853 Incident logs were not completed and maintained as required. One (1) incident from 9/19/2025 for a two-year-old child that was bitten was not logged on the incident log. .0802(g)(1-6) Technical assistance was provided as follows: Item 852- Ten (10) incident reports dated from March 28, 2025, to September 16, 2025, did not have a parent signature or initials indicating the parent declined the incident report. We discussed that it is best practice to keep documentation when a parent refuses to sign or initial the incident report declining a copy of the report for your records. Rule Reference: 10A NCAC 09 .0802(e) Item 853- One (1) incident from 9/19/2025 for a two-year-old child that was bitten was not logged on the incident log. We discussed that all incidents must be logged. Rule Reference: 10A NCAC 09 .0802(g)(1-6) Achieving Compliance: 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 10/28/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education ATTN: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation: -I recommend that the facility reach out to Buncombe County Partnership for Children at (828) 285-9333, or Chrissy Wolfe at 828-424-0562 or Robin Worley at 828-772-0504 for training and support on biting, challenging behaviors. -We discussed that Buncombe County Partnership for Children has a training coming up on October 23, 2025 from 6:00-7:30p on Biting, Hitting and Pushing: Toddlers and Their Big Body Behaviors. 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 to 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 can be a resource for you while you strive to provide a safe and healthy environment for the well-being of young children. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0302 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/26/2025 Number Present: 25 Completed Date: 3/26/2025 Age: From 0 To 5 Total Minutes: 195 Time In: 09:15 AM Time Out: 12:30 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 handwritten report was completed today due to connectivity issues. The report was reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the handwritten visit summary was left on-site with you. Cheryl Scott, Administrator, on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the handwritten visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 3/18/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning, Inc., is current/active as of 3/18/2025. Permit type – Four (4) Star Rated License, issued 8/1/2024. Special Services/Restrictions – First shift, meets enhanced space, meets enhanced ratios. The last temporary time visit was conducted on 7/1/2024. The last fire drill was practiced on 3/7/2025. A fire drill was missed for October through December 2024 due to Tropical Storm Helene. A fire drill was conducted in January but only two (2) staff were present on site due to Tropical Storm Helene. Fire drills have resumed since re-opening. The last lockdown drill was practiced on 3/19/2025. An emergency drill was not conducted every three (3) months due to Tropical Storm Helene. Since reopening the facility is on schedule for conducting emergency drills every three (3) months. The last playground inspection was documented on 3/10/2025. The last fire inspection was approved on 2/21/2025. The last sanitation inspection was conducted on 3/11/2025 with three (3) demerits for a superior classification. The last lead water testing was completed on 2/11/2024. Lead paint and asbestos testing deadline is 5/31/2025. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility was closed from 9/27/2024 to 2/24/2025 due to the significant damage sustained from Tropical Storm Helene. The children that were enrolled in the facility were transferred to another Christine Avery Learning Center until the facility was able to reopen. The facility submitted an approved building, fire, and sanitation inspection on 2/21/2025 and was approved by the Division to reopen on 2/24/2025. During the visit, I conducted a walk through the indoor and outdoor environment used by the children. Space #1, the group of infants were engaged in exploring the environment on the floor, two (2) were finishing eating breakfast, one (1) had fell asleep in the bouncy seat. The staff member moved the child to their crib. While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. Zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Space #2, the group of one year old children were engaged in free play with blocks, puzzles, and cars. Space #3, the group of two- to three-year-old children were engaged in free play with watercolor painting, and block play. Space #4, the group of four- to five-year-old children were engaged in free play with light table, books, and blocks. The staff was completing a one-on-one math activity with a child. After free play the group transitioned outdoors for gross motor play. The program does not provide transportation. While monitoring outdoors, I observed the plastic mulch barrier exposed on the infant and one year old playground creating a trip hazard for the children that are learning to walk. We discussed that the plastic mulch barrier needed to be secured to the ground and covered with mulch or the barrier would need to be cut to prevent a trip hazard. The administrator submitted a workorder for the maintenance team to work on securing the barrier during the visit. Additional guidance due to Tropical Storm Helene: * Staff member EB hired 2/1/2024 was unable to complete the required on-going training hours before 2/1/2025 due to Tropical Storm Helene with limited internet and power. The administrator and I discussed that staff member EB will need to get the trainings completed. Ms. Scott stated that the staff should be able to get the hours in by Monday. * Staff member MH hired on 10/7/2024 but due to Tropical Storm Helene was unable to begin working. Their hire date was changed to 11/4/2024. Staff member MH Documentation of Orientation is behind due to the facility closure and Tropical Storm Helene. The facility children were relocated to other Christine Avery Learning Center sites and the staff were relocated to another site to work during the storm. Due to the storm her first two weeks of orientation and first six weeks of orientation was unable to be completed within the timeframe due to the training was unavailable. The training staff was able to get the training completed on 1/3/2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. 10A NCAC 09 .0601(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. In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. .2820(b) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. .0606(g) 1301 Center did not maintain a record of daily attendance. Daily attendance was not completed for 3/25/2025 and 3/26/2025. GS 110-91(9) Technical assistance was provided as follows: Item 807 While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. We discussed that the plastic barrier would need to be secured to the ground or cut to prevent a child from tripping while walking or running. Rule Reference: .0601(a) Item 840 In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. We discussed that the staff need to complete classroom check prior to children arriving to ensure that all items are stored appropriately. Rule Reference: 15A NCAC 18A.2820(b) Item 887 In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. We discussed that infant sleep checks should be completed daily every 15 minutes as stated in the facilities safe sleep policy. Rule Reference: 10A NCAC 09 .0606(g) Item 1301 Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Rule Reference: 10A NCAC 09 .0302(d)(3) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 4/9/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed when updating forms for medications, return the medication back to the parents until the form is updated and have a current authorization date. If the forms are still in date the medication can remain on site and be used. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
Open Not marked corrected in the state record
Category: supervision. Open / not marked corrected.
10A NCAC 09 .0601 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/26/2025 Number Present: 25 Completed Date: 3/26/2025 Age: From 0 To 5 Total Minutes: 195 Time In: 09:15 AM Time Out: 12:30 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 handwritten report was completed today due to connectivity issues. The report was reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the handwritten visit summary was left on-site with you. Cheryl Scott, Administrator, on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the handwritten visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 3/18/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning, Inc., is current/active as of 3/18/2025. Permit type – Four (4) Star Rated License, issued 8/1/2024. Special Services/Restrictions – First shift, meets enhanced space, meets enhanced ratios. The last temporary time visit was conducted on 7/1/2024. The last fire drill was practiced on 3/7/2025. A fire drill was missed for October through December 2024 due to Tropical Storm Helene. A fire drill was conducted in January but only two (2) staff were present on site due to Tropical Storm Helene. Fire drills have resumed since re-opening. The last lockdown drill was practiced on 3/19/2025. An emergency drill was not conducted every three (3) months due to Tropical Storm Helene. Since reopening the facility is on schedule for conducting emergency drills every three (3) months. The last playground inspection was documented on 3/10/2025. The last fire inspection was approved on 2/21/2025. The last sanitation inspection was conducted on 3/11/2025 with three (3) demerits for a superior classification. The last lead water testing was completed on 2/11/2024. Lead paint and asbestos testing deadline is 5/31/2025. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility was closed from 9/27/2024 to 2/24/2025 due to the significant damage sustained from Tropical Storm Helene. The children that were enrolled in the facility were transferred to another Christine Avery Learning Center until the facility was able to reopen. The facility submitted an approved building, fire, and sanitation inspection on 2/21/2025 and was approved by the Division to reopen on 2/24/2025. During the visit, I conducted a walk through the indoor and outdoor environment used by the children. Space #1, the group of infants were engaged in exploring the environment on the floor, two (2) were finishing eating breakfast, one (1) had fell asleep in the bouncy seat. The staff member moved the child to their crib. While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. Zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Space #2, the group of one year old children were engaged in free play with blocks, puzzles, and cars. Space #3, the group of two- to three-year-old children were engaged in free play with watercolor painting, and block play. Space #4, the group of four- to five-year-old children were engaged in free play with light table, books, and blocks. The staff was completing a one-on-one math activity with a child. After free play the group transitioned outdoors for gross motor play. The program does not provide transportation. While monitoring outdoors, I observed the plastic mulch barrier exposed on the infant and one year old playground creating a trip hazard for the children that are learning to walk. We discussed that the plastic mulch barrier needed to be secured to the ground and covered with mulch or the barrier would need to be cut to prevent a trip hazard. The administrator submitted a workorder for the maintenance team to work on securing the barrier during the visit. Additional guidance due to Tropical Storm Helene: * Staff member EB hired 2/1/2024 was unable to complete the required on-going training hours before 2/1/2025 due to Tropical Storm Helene with limited internet and power. The administrator and I discussed that staff member EB will need to get the trainings completed. Ms. Scott stated that the staff should be able to get the hours in by Monday. * Staff member MH hired on 10/7/2024 but due to Tropical Storm Helene was unable to begin working. Their hire date was changed to 11/4/2024. Staff member MH Documentation of Orientation is behind due to the facility closure and Tropical Storm Helene. The facility children were relocated to other Christine Avery Learning Center sites and the staff were relocated to another site to work during the storm. Due to the storm her first two weeks of orientation and first six weeks of orientation was unable to be completed within the timeframe due to the training was unavailable. The training staff was able to get the training completed on 1/3/2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. 10A NCAC 09 .0601(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. In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. .2820(b) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. .0606(g) 1301 Center did not maintain a record of daily attendance. Daily attendance was not completed for 3/25/2025 and 3/26/2025. GS 110-91(9) Technical assistance was provided as follows: Item 807 While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. We discussed that the plastic barrier would need to be secured to the ground or cut to prevent a child from tripping while walking or running. Rule Reference: .0601(a) Item 840 In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. We discussed that the staff need to complete classroom check prior to children arriving to ensure that all items are stored appropriately. Rule Reference: 15A NCAC 18A.2820(b) Item 887 In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. We discussed that infant sleep checks should be completed daily every 15 minutes as stated in the facilities safe sleep policy. Rule Reference: 10A NCAC 09 .0606(g) Item 1301 Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Rule Reference: 10A NCAC 09 .0302(d)(3) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 4/9/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed when updating forms for medications, return the medication back to the parents until the form is updated and have a current authorization date. If the forms are still in date the medication can remain on site and be used. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .0304 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/26/2025 Number Present: 25 Completed Date: 3/26/2025 Age: From 0 To 5 Total Minutes: 195 Time In: 09:15 AM Time Out: 12:30 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 handwritten report was completed today due to connectivity issues. The report was reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the handwritten visit summary was left on-site with you. Cheryl Scott, Administrator, on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the handwritten visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 3/18/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning, Inc., is current/active as of 3/18/2025. Permit type – Four (4) Star Rated License, issued 8/1/2024. Special Services/Restrictions – First shift, meets enhanced space, meets enhanced ratios. The last temporary time visit was conducted on 7/1/2024. The last fire drill was practiced on 3/7/2025. A fire drill was missed for October through December 2024 due to Tropical Storm Helene. A fire drill was conducted in January but only two (2) staff were present on site due to Tropical Storm Helene. Fire drills have resumed since re-opening. The last lockdown drill was practiced on 3/19/2025. An emergency drill was not conducted every three (3) months due to Tropical Storm Helene. Since reopening the facility is on schedule for conducting emergency drills every three (3) months. The last playground inspection was documented on 3/10/2025. The last fire inspection was approved on 2/21/2025. The last sanitation inspection was conducted on 3/11/2025 with three (3) demerits for a superior classification. The last lead water testing was completed on 2/11/2024. Lead paint and asbestos testing deadline is 5/31/2025. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility was closed from 9/27/2024 to 2/24/2025 due to the significant damage sustained from Tropical Storm Helene. The children that were enrolled in the facility were transferred to another Christine Avery Learning Center until the facility was able to reopen. The facility submitted an approved building, fire, and sanitation inspection on 2/21/2025 and was approved by the Division to reopen on 2/24/2025. During the visit, I conducted a walk through the indoor and outdoor environment used by the children. Space #1, the group of infants were engaged in exploring the environment on the floor, two (2) were finishing eating breakfast, one (1) had fell asleep in the bouncy seat. The staff member moved the child to their crib. While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. Zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Space #2, the group of one year old children were engaged in free play with blocks, puzzles, and cars. Space #3, the group of two- to three-year-old children were engaged in free play with watercolor painting, and block play. Space #4, the group of four- to five-year-old children were engaged in free play with light table, books, and blocks. The staff was completing a one-on-one math activity with a child. After free play the group transitioned outdoors for gross motor play. The program does not provide transportation. While monitoring outdoors, I observed the plastic mulch barrier exposed on the infant and one year old playground creating a trip hazard for the children that are learning to walk. We discussed that the plastic mulch barrier needed to be secured to the ground and covered with mulch or the barrier would need to be cut to prevent a trip hazard. The administrator submitted a workorder for the maintenance team to work on securing the barrier during the visit. Additional guidance due to Tropical Storm Helene: * Staff member EB hired 2/1/2024 was unable to complete the required on-going training hours before 2/1/2025 due to Tropical Storm Helene with limited internet and power. The administrator and I discussed that staff member EB will need to get the trainings completed. Ms. Scott stated that the staff should be able to get the hours in by Monday. * Staff member MH hired on 10/7/2024 but due to Tropical Storm Helene was unable to begin working. Their hire date was changed to 11/4/2024. Staff member MH Documentation of Orientation is behind due to the facility closure and Tropical Storm Helene. The facility children were relocated to other Christine Avery Learning Center sites and the staff were relocated to another site to work during the storm. Due to the storm her first two weeks of orientation and first six weeks of orientation was unable to be completed within the timeframe due to the training was unavailable. The training staff was able to get the training completed on 1/3/2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. 10A NCAC 09 .0601(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. In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. .2820(b) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. .0606(g) 1301 Center did not maintain a record of daily attendance. Daily attendance was not completed for 3/25/2025 and 3/26/2025. GS 110-91(9) Technical assistance was provided as follows: Item 807 While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. We discussed that the plastic barrier would need to be secured to the ground or cut to prevent a child from tripping while walking or running. Rule Reference: .0601(a) Item 840 In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. We discussed that the staff need to complete classroom check prior to children arriving to ensure that all items are stored appropriately. Rule Reference: 15A NCAC 18A.2820(b) Item 887 In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. We discussed that infant sleep checks should be completed daily every 15 minutes as stated in the facilities safe sleep policy. Rule Reference: 10A NCAC 09 .0606(g) Item 1301 Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Rule Reference: 10A NCAC 09 .0302(d)(3) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 4/9/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed when updating forms for medications, return the medication back to the parents until the form is updated and have a current authorization date. If the forms are still in date the medication can remain on site and be used. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .0606 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/26/2025 Number Present: 25 Completed Date: 3/26/2025 Age: From 0 To 5 Total Minutes: 195 Time In: 09:15 AM Time Out: 12:30 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 handwritten report was completed today due to connectivity issues. The report was reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the handwritten visit summary was left on-site with you. Cheryl Scott, Administrator, on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the handwritten visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 3/18/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning, Inc., is current/active as of 3/18/2025. Permit type – Four (4) Star Rated License, issued 8/1/2024. Special Services/Restrictions – First shift, meets enhanced space, meets enhanced ratios. The last temporary time visit was conducted on 7/1/2024. The last fire drill was practiced on 3/7/2025. A fire drill was missed for October through December 2024 due to Tropical Storm Helene. A fire drill was conducted in January but only two (2) staff were present on site due to Tropical Storm Helene. Fire drills have resumed since re-opening. The last lockdown drill was practiced on 3/19/2025. An emergency drill was not conducted every three (3) months due to Tropical Storm Helene. Since reopening the facility is on schedule for conducting emergency drills every three (3) months. The last playground inspection was documented on 3/10/2025. The last fire inspection was approved on 2/21/2025. The last sanitation inspection was conducted on 3/11/2025 with three (3) demerits for a superior classification. The last lead water testing was completed on 2/11/2024. Lead paint and asbestos testing deadline is 5/31/2025. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility was closed from 9/27/2024 to 2/24/2025 due to the significant damage sustained from Tropical Storm Helene. The children that were enrolled in the facility were transferred to another Christine Avery Learning Center until the facility was able to reopen. The facility submitted an approved building, fire, and sanitation inspection on 2/21/2025 and was approved by the Division to reopen on 2/24/2025. During the visit, I conducted a walk through the indoor and outdoor environment used by the children. Space #1, the group of infants were engaged in exploring the environment on the floor, two (2) were finishing eating breakfast, one (1) had fell asleep in the bouncy seat. The staff member moved the child to their crib. While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. Zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Space #2, the group of one year old children were engaged in free play with blocks, puzzles, and cars. Space #3, the group of two- to three-year-old children were engaged in free play with watercolor painting, and block play. Space #4, the group of four- to five-year-old children were engaged in free play with light table, books, and blocks. The staff was completing a one-on-one math activity with a child. After free play the group transitioned outdoors for gross motor play. The program does not provide transportation. While monitoring outdoors, I observed the plastic mulch barrier exposed on the infant and one year old playground creating a trip hazard for the children that are learning to walk. We discussed that the plastic mulch barrier needed to be secured to the ground and covered with mulch or the barrier would need to be cut to prevent a trip hazard. The administrator submitted a workorder for the maintenance team to work on securing the barrier during the visit. Additional guidance due to Tropical Storm Helene: * Staff member EB hired 2/1/2024 was unable to complete the required on-going training hours before 2/1/2025 due to Tropical Storm Helene with limited internet and power. The administrator and I discussed that staff member EB will need to get the trainings completed. Ms. Scott stated that the staff should be able to get the hours in by Monday. * Staff member MH hired on 10/7/2024 but due to Tropical Storm Helene was unable to begin working. Their hire date was changed to 11/4/2024. Staff member MH Documentation of Orientation is behind due to the facility closure and Tropical Storm Helene. The facility children were relocated to other Christine Avery Learning Center sites and the staff were relocated to another site to work during the storm. Due to the storm her first two weeks of orientation and first six weeks of orientation was unable to be completed within the timeframe due to the training was unavailable. The training staff was able to get the training completed on 1/3/2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. 10A NCAC 09 .0601(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. In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. .2820(b) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. .0606(g) 1301 Center did not maintain a record of daily attendance. Daily attendance was not completed for 3/25/2025 and 3/26/2025. GS 110-91(9) Technical assistance was provided as follows: Item 807 While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. We discussed that the plastic barrier would need to be secured to the ground or cut to prevent a child from tripping while walking or running. Rule Reference: .0601(a) Item 840 In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. We discussed that the staff need to complete classroom check prior to children arriving to ensure that all items are stored appropriately. Rule Reference: 15A NCAC 18A.2820(b) Item 887 In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. We discussed that infant sleep checks should be completed daily every 15 minutes as stated in the facilities safe sleep policy. Rule Reference: 10A NCAC 09 .0606(g) Item 1301 Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Rule Reference: 10A NCAC 09 .0302(d)(3) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 4/9/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed when updating forms for medications, return the medication back to the parents until the form is updated and have a current authorization date. If the forms are still in date the medication can remain on site and be used. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .1102 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/26/2025 Number Present: 25 Completed Date: 3/26/2025 Age: From 0 To 5 Total Minutes: 195 Time In: 09:15 AM Time Out: 12:30 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 handwritten report was completed today due to connectivity issues. The report was reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the handwritten visit summary was left on-site with you. Cheryl Scott, Administrator, on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the handwritten visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 3/18/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning, Inc., is current/active as of 3/18/2025. Permit type – Four (4) Star Rated License, issued 8/1/2024. Special Services/Restrictions – First shift, meets enhanced space, meets enhanced ratios. The last temporary time visit was conducted on 7/1/2024. The last fire drill was practiced on 3/7/2025. A fire drill was missed for October through December 2024 due to Tropical Storm Helene. A fire drill was conducted in January but only two (2) staff were present on site due to Tropical Storm Helene. Fire drills have resumed since re-opening. The last lockdown drill was practiced on 3/19/2025. An emergency drill was not conducted every three (3) months due to Tropical Storm Helene. Since reopening the facility is on schedule for conducting emergency drills every three (3) months. The last playground inspection was documented on 3/10/2025. The last fire inspection was approved on 2/21/2025. The last sanitation inspection was conducted on 3/11/2025 with three (3) demerits for a superior classification. The last lead water testing was completed on 2/11/2024. Lead paint and asbestos testing deadline is 5/31/2025. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility was closed from 9/27/2024 to 2/24/2025 due to the significant damage sustained from Tropical Storm Helene. The children that were enrolled in the facility were transferred to another Christine Avery Learning Center until the facility was able to reopen. The facility submitted an approved building, fire, and sanitation inspection on 2/21/2025 and was approved by the Division to reopen on 2/24/2025. During the visit, I conducted a walk through the indoor and outdoor environment used by the children. Space #1, the group of infants were engaged in exploring the environment on the floor, two (2) were finishing eating breakfast, one (1) had fell asleep in the bouncy seat. The staff member moved the child to their crib. While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. Zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Space #2, the group of one year old children were engaged in free play with blocks, puzzles, and cars. Space #3, the group of two- to three-year-old children were engaged in free play with watercolor painting, and block play. Space #4, the group of four- to five-year-old children were engaged in free play with light table, books, and blocks. The staff was completing a one-on-one math activity with a child. After free play the group transitioned outdoors for gross motor play. The program does not provide transportation. While monitoring outdoors, I observed the plastic mulch barrier exposed on the infant and one year old playground creating a trip hazard for the children that are learning to walk. We discussed that the plastic mulch barrier needed to be secured to the ground and covered with mulch or the barrier would need to be cut to prevent a trip hazard. The administrator submitted a workorder for the maintenance team to work on securing the barrier during the visit. Additional guidance due to Tropical Storm Helene: * Staff member EB hired 2/1/2024 was unable to complete the required on-going training hours before 2/1/2025 due to Tropical Storm Helene with limited internet and power. The administrator and I discussed that staff member EB will need to get the trainings completed. Ms. Scott stated that the staff should be able to get the hours in by Monday. * Staff member MH hired on 10/7/2024 but due to Tropical Storm Helene was unable to begin working. Their hire date was changed to 11/4/2024. Staff member MH Documentation of Orientation is behind due to the facility closure and Tropical Storm Helene. The facility children were relocated to other Christine Avery Learning Center sites and the staff were relocated to another site to work during the storm. Due to the storm her first two weeks of orientation and first six weeks of orientation was unable to be completed within the timeframe due to the training was unavailable. The training staff was able to get the training completed on 1/3/2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. 10A NCAC 09 .0601(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. In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. .2820(b) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. .0606(g) 1301 Center did not maintain a record of daily attendance. Daily attendance was not completed for 3/25/2025 and 3/26/2025. GS 110-91(9) Technical assistance was provided as follows: Item 807 While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. We discussed that the plastic barrier would need to be secured to the ground or cut to prevent a child from tripping while walking or running. Rule Reference: .0601(a) Item 840 In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. We discussed that the staff need to complete classroom check prior to children arriving to ensure that all items are stored appropriately. Rule Reference: 15A NCAC 18A.2820(b) Item 887 In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. We discussed that infant sleep checks should be completed daily every 15 minutes as stated in the facilities safe sleep policy. Rule Reference: 10A NCAC 09 .0606(g) Item 1301 Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Rule Reference: 10A NCAC 09 .0302(d)(3) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 4/9/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed when updating forms for medications, return the medication back to the parents until the form is updated and have a current authorization date. If the forms are still in date the medication can remain on site and be used. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .1703 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/26/2025 Number Present: 25 Completed Date: 3/26/2025 Age: From 0 To 5 Total Minutes: 195 Time In: 09:15 AM Time Out: 12:30 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 handwritten report was completed today due to connectivity issues. The report was reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the handwritten visit summary was left on-site with you. Cheryl Scott, Administrator, on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the handwritten visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 3/18/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning, Inc., is current/active as of 3/18/2025. Permit type – Four (4) Star Rated License, issued 8/1/2024. Special Services/Restrictions – First shift, meets enhanced space, meets enhanced ratios. The last temporary time visit was conducted on 7/1/2024. The last fire drill was practiced on 3/7/2025. A fire drill was missed for October through December 2024 due to Tropical Storm Helene. A fire drill was conducted in January but only two (2) staff were present on site due to Tropical Storm Helene. Fire drills have resumed since re-opening. The last lockdown drill was practiced on 3/19/2025. An emergency drill was not conducted every three (3) months due to Tropical Storm Helene. Since reopening the facility is on schedule for conducting emergency drills every three (3) months. The last playground inspection was documented on 3/10/2025. The last fire inspection was approved on 2/21/2025. The last sanitation inspection was conducted on 3/11/2025 with three (3) demerits for a superior classification. The last lead water testing was completed on 2/11/2024. Lead paint and asbestos testing deadline is 5/31/2025. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility was closed from 9/27/2024 to 2/24/2025 due to the significant damage sustained from Tropical Storm Helene. The children that were enrolled in the facility were transferred to another Christine Avery Learning Center until the facility was able to reopen. The facility submitted an approved building, fire, and sanitation inspection on 2/21/2025 and was approved by the Division to reopen on 2/24/2025. During the visit, I conducted a walk through the indoor and outdoor environment used by the children. Space #1, the group of infants were engaged in exploring the environment on the floor, two (2) were finishing eating breakfast, one (1) had fell asleep in the bouncy seat. The staff member moved the child to their crib. While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. Zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Space #2, the group of one year old children were engaged in free play with blocks, puzzles, and cars. Space #3, the group of two- to three-year-old children were engaged in free play with watercolor painting, and block play. Space #4, the group of four- to five-year-old children were engaged in free play with light table, books, and blocks. The staff was completing a one-on-one math activity with a child. After free play the group transitioned outdoors for gross motor play. The program does not provide transportation. While monitoring outdoors, I observed the plastic mulch barrier exposed on the infant and one year old playground creating a trip hazard for the children that are learning to walk. We discussed that the plastic mulch barrier needed to be secured to the ground and covered with mulch or the barrier would need to be cut to prevent a trip hazard. The administrator submitted a workorder for the maintenance team to work on securing the barrier during the visit. Additional guidance due to Tropical Storm Helene: * Staff member EB hired 2/1/2024 was unable to complete the required on-going training hours before 2/1/2025 due to Tropical Storm Helene with limited internet and power. The administrator and I discussed that staff member EB will need to get the trainings completed. Ms. Scott stated that the staff should be able to get the hours in by Monday. * Staff member MH hired on 10/7/2024 but due to Tropical Storm Helene was unable to begin working. Their hire date was changed to 11/4/2024. Staff member MH Documentation of Orientation is behind due to the facility closure and Tropical Storm Helene. The facility children were relocated to other Christine Avery Learning Center sites and the staff were relocated to another site to work during the storm. Due to the storm her first two weeks of orientation and first six weeks of orientation was unable to be completed within the timeframe due to the training was unavailable. The training staff was able to get the training completed on 1/3/2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. 10A NCAC 09 .0601(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. In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. .2820(b) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. .0606(g) 1301 Center did not maintain a record of daily attendance. Daily attendance was not completed for 3/25/2025 and 3/26/2025. GS 110-91(9) Technical assistance was provided as follows: Item 807 While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. We discussed that the plastic barrier would need to be secured to the ground or cut to prevent a child from tripping while walking or running. Rule Reference: .0601(a) Item 840 In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. We discussed that the staff need to complete classroom check prior to children arriving to ensure that all items are stored appropriately. Rule Reference: 15A NCAC 18A.2820(b) Item 887 In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. We discussed that infant sleep checks should be completed daily every 15 minutes as stated in the facilities safe sleep policy. Rule Reference: 10A NCAC 09 .0606(g) Item 1301 Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Rule Reference: 10A NCAC 09 .0302(d)(3) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 4/9/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed when updating forms for medications, return the medication back to the parents until the form is updated and have a current authorization date. If the forms are still in date the medication can remain on site and be used. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .2830 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/26/2025 Number Present: 25 Completed Date: 3/26/2025 Age: From 0 To 5 Total Minutes: 195 Time In: 09:15 AM Time Out: 12:30 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 handwritten report was completed today due to connectivity issues. The report was reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the handwritten visit summary was left on-site with you. Cheryl Scott, Administrator, on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the handwritten visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 3/18/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning, Inc., is current/active as of 3/18/2025. Permit type – Four (4) Star Rated License, issued 8/1/2024. Special Services/Restrictions – First shift, meets enhanced space, meets enhanced ratios. The last temporary time visit was conducted on 7/1/2024. The last fire drill was practiced on 3/7/2025. A fire drill was missed for October through December 2024 due to Tropical Storm Helene. A fire drill was conducted in January but only two (2) staff were present on site due to Tropical Storm Helene. Fire drills have resumed since re-opening. The last lockdown drill was practiced on 3/19/2025. An emergency drill was not conducted every three (3) months due to Tropical Storm Helene. Since reopening the facility is on schedule for conducting emergency drills every three (3) months. The last playground inspection was documented on 3/10/2025. The last fire inspection was approved on 2/21/2025. The last sanitation inspection was conducted on 3/11/2025 with three (3) demerits for a superior classification. The last lead water testing was completed on 2/11/2024. Lead paint and asbestos testing deadline is 5/31/2025. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility was closed from 9/27/2024 to 2/24/2025 due to the significant damage sustained from Tropical Storm Helene. The children that were enrolled in the facility were transferred to another Christine Avery Learning Center until the facility was able to reopen. The facility submitted an approved building, fire, and sanitation inspection on 2/21/2025 and was approved by the Division to reopen on 2/24/2025. During the visit, I conducted a walk through the indoor and outdoor environment used by the children. Space #1, the group of infants were engaged in exploring the environment on the floor, two (2) were finishing eating breakfast, one (1) had fell asleep in the bouncy seat. The staff member moved the child to their crib. While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. Zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Space #2, the group of one year old children were engaged in free play with blocks, puzzles, and cars. Space #3, the group of two- to three-year-old children were engaged in free play with watercolor painting, and block play. Space #4, the group of four- to five-year-old children were engaged in free play with light table, books, and blocks. The staff was completing a one-on-one math activity with a child. After free play the group transitioned outdoors for gross motor play. The program does not provide transportation. While monitoring outdoors, I observed the plastic mulch barrier exposed on the infant and one year old playground creating a trip hazard for the children that are learning to walk. We discussed that the plastic mulch barrier needed to be secured to the ground and covered with mulch or the barrier would need to be cut to prevent a trip hazard. The administrator submitted a workorder for the maintenance team to work on securing the barrier during the visit. Additional guidance due to Tropical Storm Helene: * Staff member EB hired 2/1/2024 was unable to complete the required on-going training hours before 2/1/2025 due to Tropical Storm Helene with limited internet and power. The administrator and I discussed that staff member EB will need to get the trainings completed. Ms. Scott stated that the staff should be able to get the hours in by Monday. * Staff member MH hired on 10/7/2024 but due to Tropical Storm Helene was unable to begin working. Their hire date was changed to 11/4/2024. Staff member MH Documentation of Orientation is behind due to the facility closure and Tropical Storm Helene. The facility children were relocated to other Christine Avery Learning Center sites and the staff were relocated to another site to work during the storm. Due to the storm her first two weeks of orientation and first six weeks of orientation was unable to be completed within the timeframe due to the training was unavailable. The training staff was able to get the training completed on 1/3/2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. 10A NCAC 09 .0601(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. In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. .2820(b) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. .0606(g) 1301 Center did not maintain a record of daily attendance. Daily attendance was not completed for 3/25/2025 and 3/26/2025. GS 110-91(9) Technical assistance was provided as follows: Item 807 While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. We discussed that the plastic barrier would need to be secured to the ground or cut to prevent a child from tripping while walking or running. Rule Reference: .0601(a) Item 840 In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. We discussed that the staff need to complete classroom check prior to children arriving to ensure that all items are stored appropriately. Rule Reference: 15A NCAC 18A.2820(b) Item 887 In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. We discussed that infant sleep checks should be completed daily every 15 minutes as stated in the facilities safe sleep policy. Rule Reference: 10A NCAC 09 .0606(g) Item 1301 Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Rule Reference: 10A NCAC 09 .0302(d)(3) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 4/9/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed when updating forms for medications, return the medication back to the parents until the form is updated and have a current authorization date. If the forms are still in date the medication can remain on site and be used. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
G.S. 110-90 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/26/2025 Number Present: 25 Completed Date: 3/26/2025 Age: From 0 To 5 Total Minutes: 195 Time In: 09:15 AM Time Out: 12:30 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 handwritten report was completed today due to connectivity issues. The report was reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the handwritten visit summary was left on-site with you. Cheryl Scott, Administrator, on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the handwritten visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 3/18/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning, Inc., is current/active as of 3/18/2025. Permit type – Four (4) Star Rated License, issued 8/1/2024. Special Services/Restrictions – First shift, meets enhanced space, meets enhanced ratios. The last temporary time visit was conducted on 7/1/2024. The last fire drill was practiced on 3/7/2025. A fire drill was missed for October through December 2024 due to Tropical Storm Helene. A fire drill was conducted in January but only two (2) staff were present on site due to Tropical Storm Helene. Fire drills have resumed since re-opening. The last lockdown drill was practiced on 3/19/2025. An emergency drill was not conducted every three (3) months due to Tropical Storm Helene. Since reopening the facility is on schedule for conducting emergency drills every three (3) months. The last playground inspection was documented on 3/10/2025. The last fire inspection was approved on 2/21/2025. The last sanitation inspection was conducted on 3/11/2025 with three (3) demerits for a superior classification. The last lead water testing was completed on 2/11/2024. Lead paint and asbestos testing deadline is 5/31/2025. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility was closed from 9/27/2024 to 2/24/2025 due to the significant damage sustained from Tropical Storm Helene. The children that were enrolled in the facility were transferred to another Christine Avery Learning Center until the facility was able to reopen. The facility submitted an approved building, fire, and sanitation inspection on 2/21/2025 and was approved by the Division to reopen on 2/24/2025. During the visit, I conducted a walk through the indoor and outdoor environment used by the children. Space #1, the group of infants were engaged in exploring the environment on the floor, two (2) were finishing eating breakfast, one (1) had fell asleep in the bouncy seat. The staff member moved the child to their crib. While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. Zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Space #2, the group of one year old children were engaged in free play with blocks, puzzles, and cars. Space #3, the group of two- to three-year-old children were engaged in free play with watercolor painting, and block play. Space #4, the group of four- to five-year-old children were engaged in free play with light table, books, and blocks. The staff was completing a one-on-one math activity with a child. After free play the group transitioned outdoors for gross motor play. The program does not provide transportation. While monitoring outdoors, I observed the plastic mulch barrier exposed on the infant and one year old playground creating a trip hazard for the children that are learning to walk. We discussed that the plastic mulch barrier needed to be secured to the ground and covered with mulch or the barrier would need to be cut to prevent a trip hazard. The administrator submitted a workorder for the maintenance team to work on securing the barrier during the visit. Additional guidance due to Tropical Storm Helene: * Staff member EB hired 2/1/2024 was unable to complete the required on-going training hours before 2/1/2025 due to Tropical Storm Helene with limited internet and power. The administrator and I discussed that staff member EB will need to get the trainings completed. Ms. Scott stated that the staff should be able to get the hours in by Monday. * Staff member MH hired on 10/7/2024 but due to Tropical Storm Helene was unable to begin working. Their hire date was changed to 11/4/2024. Staff member MH Documentation of Orientation is behind due to the facility closure and Tropical Storm Helene. The facility children were relocated to other Christine Avery Learning Center sites and the staff were relocated to another site to work during the storm. Due to the storm her first two weeks of orientation and first six weeks of orientation was unable to be completed within the timeframe due to the training was unavailable. The training staff was able to get the training completed on 1/3/2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. 10A NCAC 09 .0601(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. In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. .2820(b) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. .0606(g) 1301 Center did not maintain a record of daily attendance. Daily attendance was not completed for 3/25/2025 and 3/26/2025. GS 110-91(9) Technical assistance was provided as follows: Item 807 While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. We discussed that the plastic barrier would need to be secured to the ground or cut to prevent a child from tripping while walking or running. Rule Reference: .0601(a) Item 840 In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. We discussed that the staff need to complete classroom check prior to children arriving to ensure that all items are stored appropriately. Rule Reference: 15A NCAC 18A.2820(b) Item 887 In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. We discussed that infant sleep checks should be completed daily every 15 minutes as stated in the facilities safe sleep policy. Rule Reference: 10A NCAC 09 .0606(g) Item 1301 Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Rule Reference: 10A NCAC 09 .0302(d)(3) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 4/9/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed when updating forms for medications, return the medication back to the parents until the form is updated and have a current authorization date. If the forms are still in date the medication can remain on site and be used. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
GS 110-91 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/26/2025 Number Present: 25 Completed Date: 3/26/2025 Age: From 0 To 5 Total Minutes: 195 Time In: 09:15 AM Time Out: 12:30 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 handwritten report was completed today due to connectivity issues. The report was reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the handwritten visit summary was left on-site with you. Cheryl Scott, Administrator, on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the handwritten visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 3/18/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning, Inc., is current/active as of 3/18/2025. Permit type – Four (4) Star Rated License, issued 8/1/2024. Special Services/Restrictions – First shift, meets enhanced space, meets enhanced ratios. The last temporary time visit was conducted on 7/1/2024. The last fire drill was practiced on 3/7/2025. A fire drill was missed for October through December 2024 due to Tropical Storm Helene. A fire drill was conducted in January but only two (2) staff were present on site due to Tropical Storm Helene. Fire drills have resumed since re-opening. The last lockdown drill was practiced on 3/19/2025. An emergency drill was not conducted every three (3) months due to Tropical Storm Helene. Since reopening the facility is on schedule for conducting emergency drills every three (3) months. The last playground inspection was documented on 3/10/2025. The last fire inspection was approved on 2/21/2025. The last sanitation inspection was conducted on 3/11/2025 with three (3) demerits for a superior classification. The last lead water testing was completed on 2/11/2024. Lead paint and asbestos testing deadline is 5/31/2025. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility was closed from 9/27/2024 to 2/24/2025 due to the significant damage sustained from Tropical Storm Helene. The children that were enrolled in the facility were transferred to another Christine Avery Learning Center until the facility was able to reopen. The facility submitted an approved building, fire, and sanitation inspection on 2/21/2025 and was approved by the Division to reopen on 2/24/2025. During the visit, I conducted a walk through the indoor and outdoor environment used by the children. Space #1, the group of infants were engaged in exploring the environment on the floor, two (2) were finishing eating breakfast, one (1) had fell asleep in the bouncy seat. The staff member moved the child to their crib. While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. Zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Space #2, the group of one year old children were engaged in free play with blocks, puzzles, and cars. Space #3, the group of two- to three-year-old children were engaged in free play with watercolor painting, and block play. Space #4, the group of four- to five-year-old children were engaged in free play with light table, books, and blocks. The staff was completing a one-on-one math activity with a child. After free play the group transitioned outdoors for gross motor play. The program does not provide transportation. While monitoring outdoors, I observed the plastic mulch barrier exposed on the infant and one year old playground creating a trip hazard for the children that are learning to walk. We discussed that the plastic mulch barrier needed to be secured to the ground and covered with mulch or the barrier would need to be cut to prevent a trip hazard. The administrator submitted a workorder for the maintenance team to work on securing the barrier during the visit. Additional guidance due to Tropical Storm Helene: * Staff member EB hired 2/1/2024 was unable to complete the required on-going training hours before 2/1/2025 due to Tropical Storm Helene with limited internet and power. The administrator and I discussed that staff member EB will need to get the trainings completed. Ms. Scott stated that the staff should be able to get the hours in by Monday. * Staff member MH hired on 10/7/2024 but due to Tropical Storm Helene was unable to begin working. Their hire date was changed to 11/4/2024. Staff member MH Documentation of Orientation is behind due to the facility closure and Tropical Storm Helene. The facility children were relocated to other Christine Avery Learning Center sites and the staff were relocated to another site to work during the storm. Due to the storm her first two weeks of orientation and first six weeks of orientation was unable to be completed within the timeframe due to the training was unavailable. The training staff was able to get the training completed on 1/3/2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. 10A NCAC 09 .0601(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. In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. .2820(b) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. .0606(g) 1301 Center did not maintain a record of daily attendance. Daily attendance was not completed for 3/25/2025 and 3/26/2025. GS 110-91(9) Technical assistance was provided as follows: Item 807 While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. We discussed that the plastic barrier would need to be secured to the ground or cut to prevent a child from tripping while walking or running. Rule Reference: .0601(a) Item 840 In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. We discussed that the staff need to complete classroom check prior to children arriving to ensure that all items are stored appropriately. Rule Reference: 15A NCAC 18A.2820(b) Item 887 In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. We discussed that infant sleep checks should be completed daily every 15 minutes as stated in the facilities safe sleep policy. Rule Reference: 10A NCAC 09 .0606(g) Item 1301 Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Rule Reference: 10A NCAC 09 .0302(d)(3) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 4/9/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed when updating forms for medications, return the medication back to the parents until the form is updated and have a current authorization date. If the forms are still in date the medication can remain on site and be used. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
NC GS 110-90 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: KARLA TERRY Operation Type: Center Case Number: Visit Date: 3/26/2025 Number Present: 25 Completed Date: 3/26/2025 Age: From 0 To 5 Total Minutes: 195 Time In: 09:15 AM Time Out: 12:30 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 handwritten report was completed today due to connectivity issues. The report was reviewed with you, and signed by me, Karla Terry, Child Care Consultant and also signed by Cheryl Scott, Administrator, during the visit. A signed copy of the handwritten visit summary was left on-site with you. Cheryl Scott, Administrator, on-site and available during the visit. The indoor and outdoor areas were monitored today, including supervision, staff/child ratios, permit restrictions, discipline, nutrition and routine caregiving activities. An annual compliance monitoring checklist for child care centers was used to note the requirements monitored and is attached to the handwritten visit summary for your records. The center’s compliance history was reviewed with the operator. The program’s compliance history was eighty-eight percent (88%) as of 3/18/2025. The North Carolina Secretary of State website was viewed prior to today’s visit and the Non-Profit Corporation, The Christine Avery Learning, Inc., is current/active as of 3/18/2025. Permit type – Four (4) Star Rated License, issued 8/1/2024. Special Services/Restrictions – First shift, meets enhanced space, meets enhanced ratios. The last temporary time visit was conducted on 7/1/2024. The last fire drill was practiced on 3/7/2025. A fire drill was missed for October through December 2024 due to Tropical Storm Helene. A fire drill was conducted in January but only two (2) staff were present on site due to Tropical Storm Helene. Fire drills have resumed since re-opening. The last lockdown drill was practiced on 3/19/2025. An emergency drill was not conducted every three (3) months due to Tropical Storm Helene. Since reopening the facility is on schedule for conducting emergency drills every three (3) months. The last playground inspection was documented on 3/10/2025. The last fire inspection was approved on 2/21/2025. The last sanitation inspection was conducted on 3/11/2025 with three (3) demerits for a superior classification. The last lead water testing was completed on 2/11/2024. Lead paint and asbestos testing deadline is 5/31/2025. The Emergency Medical Care plan was posted and current. The approved curriculum for four-year-old children is Creative Curriculum. The facility was closed from 9/27/2024 to 2/24/2025 due to the significant damage sustained from Tropical Storm Helene. The children that were enrolled in the facility were transferred to another Christine Avery Learning Center until the facility was able to reopen. The facility submitted an approved building, fire, and sanitation inspection on 2/21/2025 and was approved by the Division to reopen on 2/24/2025. During the visit, I conducted a walk through the indoor and outdoor environment used by the children. Space #1, the group of infants were engaged in exploring the environment on the floor, two (2) were finishing eating breakfast, one (1) had fell asleep in the bouncy seat. The staff member moved the child to their crib. While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. Zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Space #2, the group of one year old children were engaged in free play with blocks, puzzles, and cars. Space #3, the group of two- to three-year-old children were engaged in free play with watercolor painting, and block play. Space #4, the group of four- to five-year-old children were engaged in free play with light table, books, and blocks. The staff was completing a one-on-one math activity with a child. After free play the group transitioned outdoors for gross motor play. The program does not provide transportation. While monitoring outdoors, I observed the plastic mulch barrier exposed on the infant and one year old playground creating a trip hazard for the children that are learning to walk. We discussed that the plastic mulch barrier needed to be secured to the ground and covered with mulch or the barrier would need to be cut to prevent a trip hazard. The administrator submitted a workorder for the maintenance team to work on securing the barrier during the visit. Additional guidance due to Tropical Storm Helene: * Staff member EB hired 2/1/2024 was unable to complete the required on-going training hours before 2/1/2025 due to Tropical Storm Helene with limited internet and power. The administrator and I discussed that staff member EB will need to get the trainings completed. Ms. Scott stated that the staff should be able to get the hours in by Monday. * Staff member MH hired on 10/7/2024 but due to Tropical Storm Helene was unable to begin working. Their hire date was changed to 11/4/2024. Staff member MH Documentation of Orientation is behind due to the facility closure and Tropical Storm Helene. The facility children were relocated to other Christine Avery Learning Center sites and the staff were relocated to another site to work during the storm. Due to the storm her first two weeks of orientation and first six weeks of orientation was unable to be completed within the timeframe due to the training was unavailable. The training staff was able to get the training completed on 1/3/2025. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations were documented during today’s visit: Violation Number Comment Rule 807 A safe indoor and outdoor environment was not provided for the children. While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. 10A NCAC 09 .0601(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. In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. .2820(b) 887 Caregivers did not document compliance with visually checking on sleeping infants aged 12 months or younger and/or the documents were not maintained for a minimum of one month. In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. .0606(g) 1301 Center did not maintain a record of daily attendance. Daily attendance was not completed for 3/25/2025 and 3/26/2025. GS 110-91(9) Technical assistance was provided as follows: Item 807 While monitoring outdoors, I observed the plastic black mulch barrier exposed on the infant and one year old playground creating a potential trip hazard. We discussed that the plastic barrier would need to be secured to the ground or cut to prevent a child from tripping while walking or running. Rule Reference: .0601(a) Item 840 In space #1, one (1) bottle of zep cleaner was located unlocked on top of the refrigerator. The administrator moved that to a locked area during the visit. We discussed that the staff need to complete classroom check prior to children arriving to ensure that all items are stored appropriately. Rule Reference: 15A NCAC 18A.2820(b) Item 887 In space #1, While monitoring the classroom, I observed that the sleep check charts have not been completed since 3/19/2024. When asked about the updated sleep check charts, the staff stated that they had completed the checks but was unable to locate the forms. We discussed that infant sleep checks should be completed daily every 15 minutes as stated in the facilities safe sleep policy. Rule Reference: 10A NCAC 09 .0606(g) Item 1301 Daily attendance was not completed for 3/25/2025 and 3/26/2025. The administrator corrected the attendance during the visit. Rule Reference: 10A NCAC 09 .0302(d)(3) Achieving Compliance: Child Care programs are expected to achieve and maintain compliance at all times and are required by NC GS 110-90(4) (d) to achieve and maintain an eighteen-month compliance history score of at least seventy-five percent. Any violation(s) documented may impact the compliance history score. The violation(s) documented must be corrected immediately. I must receive a written, dated, and signed compliance letter that describes accurately and in detail, how and when the violations were corrected. Please be aware any information submitted by you is legal documentation. If it is determined the information provided in the letter is not true, this may be considered falsification of information. If sufficient information is not received by the due date, a follow-up visit will be conducted. The violations documented above must be corrected immediately. Send me a letter of compliance describing in detail specifically how each violation was corrected and how compliance will be maintained in the future. Include the following: • Facility name • Facility ID# • Date of visit • Violation item number • Statement of compliance I must receive your compliance statement by 4/9/2025. Email the compliance letter on signed letterhead or in the email identifying your facility name, ID#, name and position to: karla.terry@ dhhs.nc.gov or you can mail to: Department of Health and Human Services Division of Child Development and Early Education Attn: Karla Terry PO Box 552 Ellenboro, NC 28040 Please call me at 828-200-9952, or email karla.terry@dhhs.nc.gov, if you need assistance. Please note: if mailing the letter of compliance, I must receive it by the due date listed above. You will need to mail a compliance statement three to five days prior to the due date to ensure receipt is within the designated timeline. Failure to correct the violations and send the written statement by the due date listed above may result in an unannounced follow-up visit being conducted. Based on Child Care Rule 10A NCAC 09 Section .2200, the Division of Child Development may take administrative action against the license and/or impose civil penalties based on the failure of the operator to correct any documented violations within the established time period. Consultation is provided as follows: We reviewed when updating forms for medications, return the medication back to the parents until the form is updated and have a current authorization date. If the forms are still in date the medication can remain on site and be used. Lead Paint and Asbestos Testing- In April 2023, North Carolina enacted final rules 10A NCAC 41C .1001-1007 requiring all public schools and child care facilities to: Test for lead in drinking/cooking water (.1005 and .2816), Identify lead-based paint hazards (.1004), Identify asbestos hazards (.1003), Mitigate or restrict access to any identified hazards. Testing is required to be completed by May 31, 2025. New and terminated staff notification requirement: As stated in G.S. 110-90.2 & .2703(r) child care operators are to notify the Division of any new child care providers working who were hired or moved into the child care facility within five business days. The process of notifying the Division has changed and is now captured in ABCMS. This change has been in effect since February 2024. Effective immediately, you will need to obtain a Business NCID and complete Provider Portal training in Moodle at https://www.dcdee.moodle.nc.gov/course/view.php?id=119. No action is needed on your part if you have completed the reference training and are currently using the ABCMS Provider Portal to update information regarding new hires or residents. Once the training has been completed and access has been given, you must verify your facility roster to ensure current staff are noted on the roster. This information should be updated in ABCMS in an ongoing basis as staff members are hired and when their employment is terminated. This satisfies the requirement to notify the Division of new child care providers working who were hired or moved into the child care facility within five business days. The compliance of this rule will be monitored during your next visit. Please note, the hard copy of the Change of Information form will no longer be needed or accepted. Should you need assistance please contact the Criminal Background Check Unit at (919) 814-8401 and someone will assist you. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact me within thirty (30) days prior to the change. Failure to notify a DCDEE representative may result in a violation of child care requirements. Child Care Rule 10A NCAC 09 .0304(a) states “Each operator shall schedule and obtain a fire inspection within 12 months of the center's previous fire inspection. The operator shall notify the local fire inspector when it is time for the center's annual fire inspection. The operator shall submit the original of the approved annual fire inspection report to the Division within one week of the inspection visit on the form provided by the Division.” As child care providers, you are a vital part in the prevention and intervention of child maltreatment! You may see potential indicators of maltreatment in the children under your care. Some children may even be more likely to disclose maltreatment to a child care provider than to a family member. It is required that all providers are aware of maltreatment indicators and to report any suspicions of maltreatment. Follow child care rules related to child maltreatment training: 10A NCAC 09 .1102(g) and 10A NCAC 09 .1703(a)(5) states the child care administrator, operator, and all staff members shall complete Recognizing and Responding to Suspicions of Child Maltreatment training within 90 days of employment. It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submit an official transcript (if applicable) and apply for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. Child Care Rule 10A NCAC 09 .2830 (c) If employment-related changes occur at a facility that result in the operator not complying with the standards in the Section for the star rating issued, the operator shall correct the noncompliance within 120 days. If the operator does not correct the noncompliance within 120 days, the operator shall notify the Division. It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any monitoring visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at karla.terry@ dhhs.nc.gov or 828-200-9952, or Bonnie Mathis, Licensing Supervisor, at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .0102 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 7/1/2024 Number Present: 26 Completed Date: 7/1/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 10:30 AM Time Out: 01:30 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. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. 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 non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/28/24. The last shelter-in-place drill was practiced 4/23/24. A shelter-in-place drill or lockdown drill is due this month, July 2024. The last monthly playground inspection was documented on 5/8/24. A sanitation inspection was conducted on 3/6/24 with three (3) demerits for a Superior classification. An approved fire inspection was completed on 2/6/24 and collected during the visit today. An approved building inspection was completed on 4/19/24. A zoning letter was provided and dated 4/19/24. Administrative, operational and personnel policies have been submitted, reviewed, and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 4/30/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, outdoor play, and routine care. The administrator 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 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. A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. .2820(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked container in space #4, the classroom with three through five year old children. 15A NCAC 18A .2820(d) 847 Parent's medication authorization did not include required information. A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Past located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. 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. A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. .0605(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. .0605(k)(1-4) Technical assistance for correction plan: Item #1867 – Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. This is a repeat violation from 3/6/24 and 5/22/24. We discussed that while surfacing can be raked over from other areas of the playground outside of the fall zone, a plan for a permanent solution is needed to meet this requirement. The entire fall zone for playground space #1 and #2 must be six (6) inches of the rubber mulch. It is recommended to either remove the equipment which requires not having the fall zone or replace the rubber mulch with another option of surfacing such as pour and play or astro turf, both would need to meet ASTM certification. Each of these options are surfacing that does not shift or move like rubber mulch. We further discussed if this violation continues to be cited, then an administrative action may be considered for the facility. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (j) All stationary outdoor equipment more than 18 inches high shall be installed over protective surfacing. Footings which anchor equipment shall not be exposed. Protective surfacing shall be either: (1) loose surfacing material, including wood mulch, double shredded bark mulch, uniform wood chips, fine sand, coarse sand, and pea gravel, except that pea gravel shall not be used if the area will be used by children under three years of age. Loose surfacing material shall not be installed over concrete; or (2) other materials that have been certified by the manufacturer to be shock-absorbing protective material in accordance with the American Society for Testing and Materials (ASTM) Standard F 1292, may be used if installed, maintained, and replaced according to the manufacturer's instructions. This standard is incorporated by reference and does include subsequent editions. This standard may be found online at https://www.astm.org/Standards/F1292.htm for a cost of sixty-five dollars ($65.00). 10A NCAC 09 .2201 ADMINISTRATIVE ACTIONS GENERAL PROVISIONS (c) For purposes of this Section, the following definitions shall apply: (1) "Pattern of noncompliance" means violations of G.S. 110, Article 7, this Chapter, or 10A NCAC 10 documented during a time period of 18 months or less involving situations or incidents for which technical assistance has been provided and the operator continues to demonstrate noncompliance. 10A NCAC 09 .2204 PROVISIONAL CHILD CARE FACILITY LICENSE OR PROVISIONAL NOTICE OF COMPLIANCE A provisional child care facility license or provisional notice of compliance may be issued to an operator for any period of time not to exceed 12 months in accordance with the factors listed in 10A NCAC 09 .2201(b) for, among other things, the following reasons: (7) pattern of noncompliance. Item #859 – The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. We discussed that a plan must be put in place to state how monthly playground inspections will be completed in the future. 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 #847 – A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Paste located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. We discussed that medication authorization forms must be completed for each medication, including all diaper creams, and must be signed and dated by the parent. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (7) A parent may give a caregiver standing authorization for up to 12 months to apply over-the-counter, topical ointments, topical teething ointment or gel, insect repellents, lotions, creams, fluoridated toothpaste, and powders, such as sunscreen, diapering creams, baby lotion, and baby powder, to a child, when needed. The authorization shall be in writing and shall contain: (a) the child's name; (b) the names of the authorized ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (c) the criteria for the administration of the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (d) the manner in which the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders shall be applied; (e) the signature of the parent; (f) the date the authorization was signed by the parent; and (g) the length of time the authorization is valid, if less than 12 months. Item #849 – A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. We discussed that the expired diaper creams or ointments, and diaper creams or ointments with an expired medication authorization forms must have the diaper cream or ointment returned to the parent within 72 hours or discard the product within 72 hours. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. Item #840 – A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. We discussed that the toilet cleaner must be locked. The lock was placed on the cabinet during the visit and the violation was corrected during the visit. 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. Item #841 – Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked cabinet in space #4, the classroom with three through five year old children. We discussed the Children’s Motrin must be locked and labeled as staff. The Children’s Motrin was removed from the classroom and placed in locked container in the storage room. This was corrected during the visit. 15A NCAC 18A .2820 STORAGE (d) Medications including prescription and non-prescription items shall be stored in a locked cabinet or other locked container and shall not be stored above food. Designated emergency medications shall be kept inaccessible to children, but are not required to be in locked storage. Non-prescription diaper creams and sunscreen shall be kept inaccessible to children when not in use, but are not required to be in locked storage. 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 7/10/24. 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 for the facility prior to the visit today was 94%. 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 four (4) points for staff education based on the previous ownership. Program Standards: The facility will use the six (6) 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 enhanced 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. (b) 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 1/5 10 1 to 2 Years 1/6 12 2 to 3 Years 1/9 18 3 to 4 Years 1/10 20 4 to 5 Years 1/13 25 5 to 6 Years 1/15 25 6 Years and Older 1/20 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The approved curriculum being implemented by the facility is Creative Curriculum 4th Edition. 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. Consultation: We discussed the annual fire inspection is due on or before 2/6/25. 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. 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 .0304 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 7/1/2024 Number Present: 26 Completed Date: 7/1/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 10:30 AM Time Out: 01:30 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. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. 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 non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/28/24. The last shelter-in-place drill was practiced 4/23/24. A shelter-in-place drill or lockdown drill is due this month, July 2024. The last monthly playground inspection was documented on 5/8/24. A sanitation inspection was conducted on 3/6/24 with three (3) demerits for a Superior classification. An approved fire inspection was completed on 2/6/24 and collected during the visit today. An approved building inspection was completed on 4/19/24. A zoning letter was provided and dated 4/19/24. Administrative, operational and personnel policies have been submitted, reviewed, and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 4/30/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, outdoor play, and routine care. The administrator 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 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. A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. .2820(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked container in space #4, the classroom with three through five year old children. 15A NCAC 18A .2820(d) 847 Parent's medication authorization did not include required information. A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Past located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. 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. A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. .0605(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. .0605(k)(1-4) Technical assistance for correction plan: Item #1867 – Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. This is a repeat violation from 3/6/24 and 5/22/24. We discussed that while surfacing can be raked over from other areas of the playground outside of the fall zone, a plan for a permanent solution is needed to meet this requirement. The entire fall zone for playground space #1 and #2 must be six (6) inches of the rubber mulch. It is recommended to either remove the equipment which requires not having the fall zone or replace the rubber mulch with another option of surfacing such as pour and play or astro turf, both would need to meet ASTM certification. Each of these options are surfacing that does not shift or move like rubber mulch. We further discussed if this violation continues to be cited, then an administrative action may be considered for the facility. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (j) All stationary outdoor equipment more than 18 inches high shall be installed over protective surfacing. Footings which anchor equipment shall not be exposed. Protective surfacing shall be either: (1) loose surfacing material, including wood mulch, double shredded bark mulch, uniform wood chips, fine sand, coarse sand, and pea gravel, except that pea gravel shall not be used if the area will be used by children under three years of age. Loose surfacing material shall not be installed over concrete; or (2) other materials that have been certified by the manufacturer to be shock-absorbing protective material in accordance with the American Society for Testing and Materials (ASTM) Standard F 1292, may be used if installed, maintained, and replaced according to the manufacturer's instructions. This standard is incorporated by reference and does include subsequent editions. This standard may be found online at https://www.astm.org/Standards/F1292.htm for a cost of sixty-five dollars ($65.00). 10A NCAC 09 .2201 ADMINISTRATIVE ACTIONS GENERAL PROVISIONS (c) For purposes of this Section, the following definitions shall apply: (1) "Pattern of noncompliance" means violations of G.S. 110, Article 7, this Chapter, or 10A NCAC 10 documented during a time period of 18 months or less involving situations or incidents for which technical assistance has been provided and the operator continues to demonstrate noncompliance. 10A NCAC 09 .2204 PROVISIONAL CHILD CARE FACILITY LICENSE OR PROVISIONAL NOTICE OF COMPLIANCE A provisional child care facility license or provisional notice of compliance may be issued to an operator for any period of time not to exceed 12 months in accordance with the factors listed in 10A NCAC 09 .2201(b) for, among other things, the following reasons: (7) pattern of noncompliance. Item #859 – The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. We discussed that a plan must be put in place to state how monthly playground inspections will be completed in the future. 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 #847 – A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Paste located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. We discussed that medication authorization forms must be completed for each medication, including all diaper creams, and must be signed and dated by the parent. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (7) A parent may give a caregiver standing authorization for up to 12 months to apply over-the-counter, topical ointments, topical teething ointment or gel, insect repellents, lotions, creams, fluoridated toothpaste, and powders, such as sunscreen, diapering creams, baby lotion, and baby powder, to a child, when needed. The authorization shall be in writing and shall contain: (a) the child's name; (b) the names of the authorized ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (c) the criteria for the administration of the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (d) the manner in which the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders shall be applied; (e) the signature of the parent; (f) the date the authorization was signed by the parent; and (g) the length of time the authorization is valid, if less than 12 months. Item #849 – A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. We discussed that the expired diaper creams or ointments, and diaper creams or ointments with an expired medication authorization forms must have the diaper cream or ointment returned to the parent within 72 hours or discard the product within 72 hours. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. Item #840 – A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. We discussed that the toilet cleaner must be locked. The lock was placed on the cabinet during the visit and the violation was corrected during the visit. 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. Item #841 – Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked cabinet in space #4, the classroom with three through five year old children. We discussed the Children’s Motrin must be locked and labeled as staff. The Children’s Motrin was removed from the classroom and placed in locked container in the storage room. This was corrected during the visit. 15A NCAC 18A .2820 STORAGE (d) Medications including prescription and non-prescription items shall be stored in a locked cabinet or other locked container and shall not be stored above food. Designated emergency medications shall be kept inaccessible to children, but are not required to be in locked storage. Non-prescription diaper creams and sunscreen shall be kept inaccessible to children when not in use, but are not required to be in locked storage. 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 7/10/24. 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 for the facility prior to the visit today was 94%. 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 four (4) points for staff education based on the previous ownership. Program Standards: The facility will use the six (6) 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 enhanced 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. (b) 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 1/5 10 1 to 2 Years 1/6 12 2 to 3 Years 1/9 18 3 to 4 Years 1/10 20 4 to 5 Years 1/13 25 5 to 6 Years 1/15 25 6 Years and Older 1/20 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The approved curriculum being implemented by the facility is Creative Curriculum 4th Edition. 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. Consultation: We discussed the annual fire inspection is due on or before 2/6/25. 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. 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: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 7/1/2024 Number Present: 26 Completed Date: 7/1/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 10:30 AM Time Out: 01:30 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. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. 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 non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/28/24. The last shelter-in-place drill was practiced 4/23/24. A shelter-in-place drill or lockdown drill is due this month, July 2024. The last monthly playground inspection was documented on 5/8/24. A sanitation inspection was conducted on 3/6/24 with three (3) demerits for a Superior classification. An approved fire inspection was completed on 2/6/24 and collected during the visit today. An approved building inspection was completed on 4/19/24. A zoning letter was provided and dated 4/19/24. Administrative, operational and personnel policies have been submitted, reviewed, and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 4/30/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, outdoor play, and routine care. The administrator 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 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. A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. .2820(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked container in space #4, the classroom with three through five year old children. 15A NCAC 18A .2820(d) 847 Parent's medication authorization did not include required information. A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Past located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. 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. A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. .0605(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. .0605(k)(1-4) Technical assistance for correction plan: Item #1867 – Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. This is a repeat violation from 3/6/24 and 5/22/24. We discussed that while surfacing can be raked over from other areas of the playground outside of the fall zone, a plan for a permanent solution is needed to meet this requirement. The entire fall zone for playground space #1 and #2 must be six (6) inches of the rubber mulch. It is recommended to either remove the equipment which requires not having the fall zone or replace the rubber mulch with another option of surfacing such as pour and play or astro turf, both would need to meet ASTM certification. Each of these options are surfacing that does not shift or move like rubber mulch. We further discussed if this violation continues to be cited, then an administrative action may be considered for the facility. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (j) All stationary outdoor equipment more than 18 inches high shall be installed over protective surfacing. Footings which anchor equipment shall not be exposed. Protective surfacing shall be either: (1) loose surfacing material, including wood mulch, double shredded bark mulch, uniform wood chips, fine sand, coarse sand, and pea gravel, except that pea gravel shall not be used if the area will be used by children under three years of age. Loose surfacing material shall not be installed over concrete; or (2) other materials that have been certified by the manufacturer to be shock-absorbing protective material in accordance with the American Society for Testing and Materials (ASTM) Standard F 1292, may be used if installed, maintained, and replaced according to the manufacturer's instructions. This standard is incorporated by reference and does include subsequent editions. This standard may be found online at https://www.astm.org/Standards/F1292.htm for a cost of sixty-five dollars ($65.00). 10A NCAC 09 .2201 ADMINISTRATIVE ACTIONS GENERAL PROVISIONS (c) For purposes of this Section, the following definitions shall apply: (1) "Pattern of noncompliance" means violations of G.S. 110, Article 7, this Chapter, or 10A NCAC 10 documented during a time period of 18 months or less involving situations or incidents for which technical assistance has been provided and the operator continues to demonstrate noncompliance. 10A NCAC 09 .2204 PROVISIONAL CHILD CARE FACILITY LICENSE OR PROVISIONAL NOTICE OF COMPLIANCE A provisional child care facility license or provisional notice of compliance may be issued to an operator for any period of time not to exceed 12 months in accordance with the factors listed in 10A NCAC 09 .2201(b) for, among other things, the following reasons: (7) pattern of noncompliance. Item #859 – The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. We discussed that a plan must be put in place to state how monthly playground inspections will be completed in the future. 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 #847 – A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Paste located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. We discussed that medication authorization forms must be completed for each medication, including all diaper creams, and must be signed and dated by the parent. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (7) A parent may give a caregiver standing authorization for up to 12 months to apply over-the-counter, topical ointments, topical teething ointment or gel, insect repellents, lotions, creams, fluoridated toothpaste, and powders, such as sunscreen, diapering creams, baby lotion, and baby powder, to a child, when needed. The authorization shall be in writing and shall contain: (a) the child's name; (b) the names of the authorized ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (c) the criteria for the administration of the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (d) the manner in which the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders shall be applied; (e) the signature of the parent; (f) the date the authorization was signed by the parent; and (g) the length of time the authorization is valid, if less than 12 months. Item #849 – A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. We discussed that the expired diaper creams or ointments, and diaper creams or ointments with an expired medication authorization forms must have the diaper cream or ointment returned to the parent within 72 hours or discard the product within 72 hours. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. Item #840 – A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. We discussed that the toilet cleaner must be locked. The lock was placed on the cabinet during the visit and the violation was corrected during the visit. 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. Item #841 – Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked cabinet in space #4, the classroom with three through five year old children. We discussed the Children’s Motrin must be locked and labeled as staff. The Children’s Motrin was removed from the classroom and placed in locked container in the storage room. This was corrected during the visit. 15A NCAC 18A .2820 STORAGE (d) Medications including prescription and non-prescription items shall be stored in a locked cabinet or other locked container and shall not be stored above food. Designated emergency medications shall be kept inaccessible to children, but are not required to be in locked storage. Non-prescription diaper creams and sunscreen shall be kept inaccessible to children when not in use, but are not required to be in locked storage. 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 7/10/24. 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 for the facility prior to the visit today was 94%. 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 four (4) points for staff education based on the previous ownership. Program Standards: The facility will use the six (6) 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 enhanced 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. (b) 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 1/5 10 1 to 2 Years 1/6 12 2 to 3 Years 1/9 18 3 to 4 Years 1/10 20 4 to 5 Years 1/13 25 5 to 6 Years 1/15 25 6 Years and Older 1/20 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The approved curriculum being implemented by the facility is Creative Curriculum 4th Edition. 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. Consultation: We discussed the annual fire inspection is due on or before 2/6/25. 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. 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 .0803 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 7/1/2024 Number Present: 26 Completed Date: 7/1/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 10:30 AM Time Out: 01:30 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. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. 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 non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/28/24. The last shelter-in-place drill was practiced 4/23/24. A shelter-in-place drill or lockdown drill is due this month, July 2024. The last monthly playground inspection was documented on 5/8/24. A sanitation inspection was conducted on 3/6/24 with three (3) demerits for a Superior classification. An approved fire inspection was completed on 2/6/24 and collected during the visit today. An approved building inspection was completed on 4/19/24. A zoning letter was provided and dated 4/19/24. Administrative, operational and personnel policies have been submitted, reviewed, and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 4/30/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, outdoor play, and routine care. The administrator 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 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. A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. .2820(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked container in space #4, the classroom with three through five year old children. 15A NCAC 18A .2820(d) 847 Parent's medication authorization did not include required information. A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Past located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. 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. A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. .0605(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. .0605(k)(1-4) Technical assistance for correction plan: Item #1867 – Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. This is a repeat violation from 3/6/24 and 5/22/24. We discussed that while surfacing can be raked over from other areas of the playground outside of the fall zone, a plan for a permanent solution is needed to meet this requirement. The entire fall zone for playground space #1 and #2 must be six (6) inches of the rubber mulch. It is recommended to either remove the equipment which requires not having the fall zone or replace the rubber mulch with another option of surfacing such as pour and play or astro turf, both would need to meet ASTM certification. Each of these options are surfacing that does not shift or move like rubber mulch. We further discussed if this violation continues to be cited, then an administrative action may be considered for the facility. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (j) All stationary outdoor equipment more than 18 inches high shall be installed over protective surfacing. Footings which anchor equipment shall not be exposed. Protective surfacing shall be either: (1) loose surfacing material, including wood mulch, double shredded bark mulch, uniform wood chips, fine sand, coarse sand, and pea gravel, except that pea gravel shall not be used if the area will be used by children under three years of age. Loose surfacing material shall not be installed over concrete; or (2) other materials that have been certified by the manufacturer to be shock-absorbing protective material in accordance with the American Society for Testing and Materials (ASTM) Standard F 1292, may be used if installed, maintained, and replaced according to the manufacturer's instructions. This standard is incorporated by reference and does include subsequent editions. This standard may be found online at https://www.astm.org/Standards/F1292.htm for a cost of sixty-five dollars ($65.00). 10A NCAC 09 .2201 ADMINISTRATIVE ACTIONS GENERAL PROVISIONS (c) For purposes of this Section, the following definitions shall apply: (1) "Pattern of noncompliance" means violations of G.S. 110, Article 7, this Chapter, or 10A NCAC 10 documented during a time period of 18 months or less involving situations or incidents for which technical assistance has been provided and the operator continues to demonstrate noncompliance. 10A NCAC 09 .2204 PROVISIONAL CHILD CARE FACILITY LICENSE OR PROVISIONAL NOTICE OF COMPLIANCE A provisional child care facility license or provisional notice of compliance may be issued to an operator for any period of time not to exceed 12 months in accordance with the factors listed in 10A NCAC 09 .2201(b) for, among other things, the following reasons: (7) pattern of noncompliance. Item #859 – The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. We discussed that a plan must be put in place to state how monthly playground inspections will be completed in the future. 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 #847 – A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Paste located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. We discussed that medication authorization forms must be completed for each medication, including all diaper creams, and must be signed and dated by the parent. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (7) A parent may give a caregiver standing authorization for up to 12 months to apply over-the-counter, topical ointments, topical teething ointment or gel, insect repellents, lotions, creams, fluoridated toothpaste, and powders, such as sunscreen, diapering creams, baby lotion, and baby powder, to a child, when needed. The authorization shall be in writing and shall contain: (a) the child's name; (b) the names of the authorized ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (c) the criteria for the administration of the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (d) the manner in which the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders shall be applied; (e) the signature of the parent; (f) the date the authorization was signed by the parent; and (g) the length of time the authorization is valid, if less than 12 months. Item #849 – A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. We discussed that the expired diaper creams or ointments, and diaper creams or ointments with an expired medication authorization forms must have the diaper cream or ointment returned to the parent within 72 hours or discard the product within 72 hours. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. Item #840 – A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. We discussed that the toilet cleaner must be locked. The lock was placed on the cabinet during the visit and the violation was corrected during the visit. 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. Item #841 – Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked cabinet in space #4, the classroom with three through five year old children. We discussed the Children’s Motrin must be locked and labeled as staff. The Children’s Motrin was removed from the classroom and placed in locked container in the storage room. This was corrected during the visit. 15A NCAC 18A .2820 STORAGE (d) Medications including prescription and non-prescription items shall be stored in a locked cabinet or other locked container and shall not be stored above food. Designated emergency medications shall be kept inaccessible to children, but are not required to be in locked storage. Non-prescription diaper creams and sunscreen shall be kept inaccessible to children when not in use, but are not required to be in locked storage. 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 7/10/24. 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 for the facility prior to the visit today was 94%. 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 four (4) points for staff education based on the previous ownership. Program Standards: The facility will use the six (6) 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 enhanced 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. (b) 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 1/5 10 1 to 2 Years 1/6 12 2 to 3 Years 1/9 18 3 to 4 Years 1/10 20 4 to 5 Years 1/13 25 5 to 6 Years 1/15 25 6 Years and Older 1/20 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The approved curriculum being implemented by the facility is Creative Curriculum 4th Edition. 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. Consultation: We discussed the annual fire inspection is due on or before 2/6/25. 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. 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 .2201 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 7/1/2024 Number Present: 26 Completed Date: 7/1/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 10:30 AM Time Out: 01:30 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. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. 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 non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/28/24. The last shelter-in-place drill was practiced 4/23/24. A shelter-in-place drill or lockdown drill is due this month, July 2024. The last monthly playground inspection was documented on 5/8/24. A sanitation inspection was conducted on 3/6/24 with three (3) demerits for a Superior classification. An approved fire inspection was completed on 2/6/24 and collected during the visit today. An approved building inspection was completed on 4/19/24. A zoning letter was provided and dated 4/19/24. Administrative, operational and personnel policies have been submitted, reviewed, and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 4/30/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, outdoor play, and routine care. The administrator 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 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. A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. .2820(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked container in space #4, the classroom with three through five year old children. 15A NCAC 18A .2820(d) 847 Parent's medication authorization did not include required information. A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Past located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. 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. A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. .0605(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. .0605(k)(1-4) Technical assistance for correction plan: Item #1867 – Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. This is a repeat violation from 3/6/24 and 5/22/24. We discussed that while surfacing can be raked over from other areas of the playground outside of the fall zone, a plan for a permanent solution is needed to meet this requirement. The entire fall zone for playground space #1 and #2 must be six (6) inches of the rubber mulch. It is recommended to either remove the equipment which requires not having the fall zone or replace the rubber mulch with another option of surfacing such as pour and play or astro turf, both would need to meet ASTM certification. Each of these options are surfacing that does not shift or move like rubber mulch. We further discussed if this violation continues to be cited, then an administrative action may be considered for the facility. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (j) All stationary outdoor equipment more than 18 inches high shall be installed over protective surfacing. Footings which anchor equipment shall not be exposed. Protective surfacing shall be either: (1) loose surfacing material, including wood mulch, double shredded bark mulch, uniform wood chips, fine sand, coarse sand, and pea gravel, except that pea gravel shall not be used if the area will be used by children under three years of age. Loose surfacing material shall not be installed over concrete; or (2) other materials that have been certified by the manufacturer to be shock-absorbing protective material in accordance with the American Society for Testing and Materials (ASTM) Standard F 1292, may be used if installed, maintained, and replaced according to the manufacturer's instructions. This standard is incorporated by reference and does include subsequent editions. This standard may be found online at https://www.astm.org/Standards/F1292.htm for a cost of sixty-five dollars ($65.00). 10A NCAC 09 .2201 ADMINISTRATIVE ACTIONS GENERAL PROVISIONS (c) For purposes of this Section, the following definitions shall apply: (1) "Pattern of noncompliance" means violations of G.S. 110, Article 7, this Chapter, or 10A NCAC 10 documented during a time period of 18 months or less involving situations or incidents for which technical assistance has been provided and the operator continues to demonstrate noncompliance. 10A NCAC 09 .2204 PROVISIONAL CHILD CARE FACILITY LICENSE OR PROVISIONAL NOTICE OF COMPLIANCE A provisional child care facility license or provisional notice of compliance may be issued to an operator for any period of time not to exceed 12 months in accordance with the factors listed in 10A NCAC 09 .2201(b) for, among other things, the following reasons: (7) pattern of noncompliance. Item #859 – The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. We discussed that a plan must be put in place to state how monthly playground inspections will be completed in the future. 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 #847 – A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Paste located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. We discussed that medication authorization forms must be completed for each medication, including all diaper creams, and must be signed and dated by the parent. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (7) A parent may give a caregiver standing authorization for up to 12 months to apply over-the-counter, topical ointments, topical teething ointment or gel, insect repellents, lotions, creams, fluoridated toothpaste, and powders, such as sunscreen, diapering creams, baby lotion, and baby powder, to a child, when needed. The authorization shall be in writing and shall contain: (a) the child's name; (b) the names of the authorized ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (c) the criteria for the administration of the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (d) the manner in which the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders shall be applied; (e) the signature of the parent; (f) the date the authorization was signed by the parent; and (g) the length of time the authorization is valid, if less than 12 months. Item #849 – A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. We discussed that the expired diaper creams or ointments, and diaper creams or ointments with an expired medication authorization forms must have the diaper cream or ointment returned to the parent within 72 hours or discard the product within 72 hours. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. Item #840 – A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. We discussed that the toilet cleaner must be locked. The lock was placed on the cabinet during the visit and the violation was corrected during the visit. 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. Item #841 – Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked cabinet in space #4, the classroom with three through five year old children. We discussed the Children’s Motrin must be locked and labeled as staff. The Children’s Motrin was removed from the classroom and placed in locked container in the storage room. This was corrected during the visit. 15A NCAC 18A .2820 STORAGE (d) Medications including prescription and non-prescription items shall be stored in a locked cabinet or other locked container and shall not be stored above food. Designated emergency medications shall be kept inaccessible to children, but are not required to be in locked storage. Non-prescription diaper creams and sunscreen shall be kept inaccessible to children when not in use, but are not required to be in locked storage. 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 7/10/24. 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 for the facility prior to the visit today was 94%. 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 four (4) points for staff education based on the previous ownership. Program Standards: The facility will use the six (6) 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 enhanced 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. (b) 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 1/5 10 1 to 2 Years 1/6 12 2 to 3 Years 1/9 18 3 to 4 Years 1/10 20 4 to 5 Years 1/13 25 5 to 6 Years 1/15 25 6 Years and Older 1/20 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The approved curriculum being implemented by the facility is Creative Curriculum 4th Edition. 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. Consultation: We discussed the annual fire inspection is due on or before 2/6/25. 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. 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 .2204 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 7/1/2024 Number Present: 26 Completed Date: 7/1/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 10:30 AM Time Out: 01:30 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. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. 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 non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/28/24. The last shelter-in-place drill was practiced 4/23/24. A shelter-in-place drill or lockdown drill is due this month, July 2024. The last monthly playground inspection was documented on 5/8/24. A sanitation inspection was conducted on 3/6/24 with three (3) demerits for a Superior classification. An approved fire inspection was completed on 2/6/24 and collected during the visit today. An approved building inspection was completed on 4/19/24. A zoning letter was provided and dated 4/19/24. Administrative, operational and personnel policies have been submitted, reviewed, and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 4/30/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, outdoor play, and routine care. The administrator 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 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. A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. .2820(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked container in space #4, the classroom with three through five year old children. 15A NCAC 18A .2820(d) 847 Parent's medication authorization did not include required information. A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Past located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. 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. A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. .0605(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. .0605(k)(1-4) Technical assistance for correction plan: Item #1867 – Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. This is a repeat violation from 3/6/24 and 5/22/24. We discussed that while surfacing can be raked over from other areas of the playground outside of the fall zone, a plan for a permanent solution is needed to meet this requirement. The entire fall zone for playground space #1 and #2 must be six (6) inches of the rubber mulch. It is recommended to either remove the equipment which requires not having the fall zone or replace the rubber mulch with another option of surfacing such as pour and play or astro turf, both would need to meet ASTM certification. Each of these options are surfacing that does not shift or move like rubber mulch. We further discussed if this violation continues to be cited, then an administrative action may be considered for the facility. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (j) All stationary outdoor equipment more than 18 inches high shall be installed over protective surfacing. Footings which anchor equipment shall not be exposed. Protective surfacing shall be either: (1) loose surfacing material, including wood mulch, double shredded bark mulch, uniform wood chips, fine sand, coarse sand, and pea gravel, except that pea gravel shall not be used if the area will be used by children under three years of age. Loose surfacing material shall not be installed over concrete; or (2) other materials that have been certified by the manufacturer to be shock-absorbing protective material in accordance with the American Society for Testing and Materials (ASTM) Standard F 1292, may be used if installed, maintained, and replaced according to the manufacturer's instructions. This standard is incorporated by reference and does include subsequent editions. This standard may be found online at https://www.astm.org/Standards/F1292.htm for a cost of sixty-five dollars ($65.00). 10A NCAC 09 .2201 ADMINISTRATIVE ACTIONS GENERAL PROVISIONS (c) For purposes of this Section, the following definitions shall apply: (1) "Pattern of noncompliance" means violations of G.S. 110, Article 7, this Chapter, or 10A NCAC 10 documented during a time period of 18 months or less involving situations or incidents for which technical assistance has been provided and the operator continues to demonstrate noncompliance. 10A NCAC 09 .2204 PROVISIONAL CHILD CARE FACILITY LICENSE OR PROVISIONAL NOTICE OF COMPLIANCE A provisional child care facility license or provisional notice of compliance may be issued to an operator for any period of time not to exceed 12 months in accordance with the factors listed in 10A NCAC 09 .2201(b) for, among other things, the following reasons: (7) pattern of noncompliance. Item #859 – The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. We discussed that a plan must be put in place to state how monthly playground inspections will be completed in the future. 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 #847 – A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Paste located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. We discussed that medication authorization forms must be completed for each medication, including all diaper creams, and must be signed and dated by the parent. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (7) A parent may give a caregiver standing authorization for up to 12 months to apply over-the-counter, topical ointments, topical teething ointment or gel, insect repellents, lotions, creams, fluoridated toothpaste, and powders, such as sunscreen, diapering creams, baby lotion, and baby powder, to a child, when needed. The authorization shall be in writing and shall contain: (a) the child's name; (b) the names of the authorized ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (c) the criteria for the administration of the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (d) the manner in which the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders shall be applied; (e) the signature of the parent; (f) the date the authorization was signed by the parent; and (g) the length of time the authorization is valid, if less than 12 months. Item #849 – A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. We discussed that the expired diaper creams or ointments, and diaper creams or ointments with an expired medication authorization forms must have the diaper cream or ointment returned to the parent within 72 hours or discard the product within 72 hours. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. Item #840 – A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. We discussed that the toilet cleaner must be locked. The lock was placed on the cabinet during the visit and the violation was corrected during the visit. 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. Item #841 – Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked cabinet in space #4, the classroom with three through five year old children. We discussed the Children’s Motrin must be locked and labeled as staff. The Children’s Motrin was removed from the classroom and placed in locked container in the storage room. This was corrected during the visit. 15A NCAC 18A .2820 STORAGE (d) Medications including prescription and non-prescription items shall be stored in a locked cabinet or other locked container and shall not be stored above food. Designated emergency medications shall be kept inaccessible to children, but are not required to be in locked storage. Non-prescription diaper creams and sunscreen shall be kept inaccessible to children when not in use, but are not required to be in locked storage. 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 7/10/24. 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 for the facility prior to the visit today was 94%. 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 four (4) points for staff education based on the previous ownership. Program Standards: The facility will use the six (6) 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 enhanced 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. (b) 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 1/5 10 1 to 2 Years 1/6 12 2 to 3 Years 1/9 18 3 to 4 Years 1/10 20 4 to 5 Years 1/13 25 5 to 6 Years 1/15 25 6 Years and Older 1/20 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The approved curriculum being implemented by the facility is Creative Curriculum 4th Edition. 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. Consultation: We discussed the annual fire inspection is due on or before 2/6/25. 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. 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: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 7/1/2024 Number Present: 26 Completed Date: 7/1/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 10:30 AM Time Out: 01:30 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. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. 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 non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/28/24. The last shelter-in-place drill was practiced 4/23/24. A shelter-in-place drill or lockdown drill is due this month, July 2024. The last monthly playground inspection was documented on 5/8/24. A sanitation inspection was conducted on 3/6/24 with three (3) demerits for a Superior classification. An approved fire inspection was completed on 2/6/24 and collected during the visit today. An approved building inspection was completed on 4/19/24. A zoning letter was provided and dated 4/19/24. Administrative, operational and personnel policies have been submitted, reviewed, and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 4/30/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, outdoor play, and routine care. The administrator 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 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. A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. .2820(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked container in space #4, the classroom with three through five year old children. 15A NCAC 18A .2820(d) 847 Parent's medication authorization did not include required information. A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Past located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. 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. A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. .0605(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. .0605(k)(1-4) Technical assistance for correction plan: Item #1867 – Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. This is a repeat violation from 3/6/24 and 5/22/24. We discussed that while surfacing can be raked over from other areas of the playground outside of the fall zone, a plan for a permanent solution is needed to meet this requirement. The entire fall zone for playground space #1 and #2 must be six (6) inches of the rubber mulch. It is recommended to either remove the equipment which requires not having the fall zone or replace the rubber mulch with another option of surfacing such as pour and play or astro turf, both would need to meet ASTM certification. Each of these options are surfacing that does not shift or move like rubber mulch. We further discussed if this violation continues to be cited, then an administrative action may be considered for the facility. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (j) All stationary outdoor equipment more than 18 inches high shall be installed over protective surfacing. Footings which anchor equipment shall not be exposed. Protective surfacing shall be either: (1) loose surfacing material, including wood mulch, double shredded bark mulch, uniform wood chips, fine sand, coarse sand, and pea gravel, except that pea gravel shall not be used if the area will be used by children under three years of age. Loose surfacing material shall not be installed over concrete; or (2) other materials that have been certified by the manufacturer to be shock-absorbing protective material in accordance with the American Society for Testing and Materials (ASTM) Standard F 1292, may be used if installed, maintained, and replaced according to the manufacturer's instructions. This standard is incorporated by reference and does include subsequent editions. This standard may be found online at https://www.astm.org/Standards/F1292.htm for a cost of sixty-five dollars ($65.00). 10A NCAC 09 .2201 ADMINISTRATIVE ACTIONS GENERAL PROVISIONS (c) For purposes of this Section, the following definitions shall apply: (1) "Pattern of noncompliance" means violations of G.S. 110, Article 7, this Chapter, or 10A NCAC 10 documented during a time period of 18 months or less involving situations or incidents for which technical assistance has been provided and the operator continues to demonstrate noncompliance. 10A NCAC 09 .2204 PROVISIONAL CHILD CARE FACILITY LICENSE OR PROVISIONAL NOTICE OF COMPLIANCE A provisional child care facility license or provisional notice of compliance may be issued to an operator for any period of time not to exceed 12 months in accordance with the factors listed in 10A NCAC 09 .2201(b) for, among other things, the following reasons: (7) pattern of noncompliance. Item #859 – The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. We discussed that a plan must be put in place to state how monthly playground inspections will be completed in the future. 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 #847 – A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Paste located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. We discussed that medication authorization forms must be completed for each medication, including all diaper creams, and must be signed and dated by the parent. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (7) A parent may give a caregiver standing authorization for up to 12 months to apply over-the-counter, topical ointments, topical teething ointment or gel, insect repellents, lotions, creams, fluoridated toothpaste, and powders, such as sunscreen, diapering creams, baby lotion, and baby powder, to a child, when needed. The authorization shall be in writing and shall contain: (a) the child's name; (b) the names of the authorized ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (c) the criteria for the administration of the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (d) the manner in which the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders shall be applied; (e) the signature of the parent; (f) the date the authorization was signed by the parent; and (g) the length of time the authorization is valid, if less than 12 months. Item #849 – A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. We discussed that the expired diaper creams or ointments, and diaper creams or ointments with an expired medication authorization forms must have the diaper cream or ointment returned to the parent within 72 hours or discard the product within 72 hours. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. Item #840 – A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. We discussed that the toilet cleaner must be locked. The lock was placed on the cabinet during the visit and the violation was corrected during the visit. 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. Item #841 – Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked cabinet in space #4, the classroom with three through five year old children. We discussed the Children’s Motrin must be locked and labeled as staff. The Children’s Motrin was removed from the classroom and placed in locked container in the storage room. This was corrected during the visit. 15A NCAC 18A .2820 STORAGE (d) Medications including prescription and non-prescription items shall be stored in a locked cabinet or other locked container and shall not be stored above food. Designated emergency medications shall be kept inaccessible to children, but are not required to be in locked storage. Non-prescription diaper creams and sunscreen shall be kept inaccessible to children when not in use, but are not required to be in locked storage. 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 7/10/24. 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 for the facility prior to the visit today was 94%. 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 four (4) points for staff education based on the previous ownership. Program Standards: The facility will use the six (6) 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 enhanced 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. (b) 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 1/5 10 1 to 2 Years 1/6 12 2 to 3 Years 1/9 18 3 to 4 Years 1/10 20 4 to 5 Years 1/13 25 5 to 6 Years 1/15 25 6 Years and Older 1/20 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The approved curriculum being implemented by the facility is Creative Curriculum 4th Edition. 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. Consultation: We discussed the annual fire inspection is due on or before 2/6/25. 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. 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: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 7/1/2024 Number Present: 26 Completed Date: 7/1/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 10:30 AM Time Out: 01:30 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. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. 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 non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/28/24. The last shelter-in-place drill was practiced 4/23/24. A shelter-in-place drill or lockdown drill is due this month, July 2024. The last monthly playground inspection was documented on 5/8/24. A sanitation inspection was conducted on 3/6/24 with three (3) demerits for a Superior classification. An approved fire inspection was completed on 2/6/24 and collected during the visit today. An approved building inspection was completed on 4/19/24. A zoning letter was provided and dated 4/19/24. Administrative, operational and personnel policies have been submitted, reviewed, and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 4/30/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, outdoor play, and routine care. The administrator 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 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. A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. .2820(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked container in space #4, the classroom with three through five year old children. 15A NCAC 18A .2820(d) 847 Parent's medication authorization did not include required information. A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Past located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. 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. A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. .0605(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. .0605(k)(1-4) Technical assistance for correction plan: Item #1867 – Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. This is a repeat violation from 3/6/24 and 5/22/24. We discussed that while surfacing can be raked over from other areas of the playground outside of the fall zone, a plan for a permanent solution is needed to meet this requirement. The entire fall zone for playground space #1 and #2 must be six (6) inches of the rubber mulch. It is recommended to either remove the equipment which requires not having the fall zone or replace the rubber mulch with another option of surfacing such as pour and play or astro turf, both would need to meet ASTM certification. Each of these options are surfacing that does not shift or move like rubber mulch. We further discussed if this violation continues to be cited, then an administrative action may be considered for the facility. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (j) All stationary outdoor equipment more than 18 inches high shall be installed over protective surfacing. Footings which anchor equipment shall not be exposed. Protective surfacing shall be either: (1) loose surfacing material, including wood mulch, double shredded bark mulch, uniform wood chips, fine sand, coarse sand, and pea gravel, except that pea gravel shall not be used if the area will be used by children under three years of age. Loose surfacing material shall not be installed over concrete; or (2) other materials that have been certified by the manufacturer to be shock-absorbing protective material in accordance with the American Society for Testing and Materials (ASTM) Standard F 1292, may be used if installed, maintained, and replaced according to the manufacturer's instructions. This standard is incorporated by reference and does include subsequent editions. This standard may be found online at https://www.astm.org/Standards/F1292.htm for a cost of sixty-five dollars ($65.00). 10A NCAC 09 .2201 ADMINISTRATIVE ACTIONS GENERAL PROVISIONS (c) For purposes of this Section, the following definitions shall apply: (1) "Pattern of noncompliance" means violations of G.S. 110, Article 7, this Chapter, or 10A NCAC 10 documented during a time period of 18 months or less involving situations or incidents for which technical assistance has been provided and the operator continues to demonstrate noncompliance. 10A NCAC 09 .2204 PROVISIONAL CHILD CARE FACILITY LICENSE OR PROVISIONAL NOTICE OF COMPLIANCE A provisional child care facility license or provisional notice of compliance may be issued to an operator for any period of time not to exceed 12 months in accordance with the factors listed in 10A NCAC 09 .2201(b) for, among other things, the following reasons: (7) pattern of noncompliance. Item #859 – The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. We discussed that a plan must be put in place to state how monthly playground inspections will be completed in the future. 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 #847 – A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Paste located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. We discussed that medication authorization forms must be completed for each medication, including all diaper creams, and must be signed and dated by the parent. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (7) A parent may give a caregiver standing authorization for up to 12 months to apply over-the-counter, topical ointments, topical teething ointment or gel, insect repellents, lotions, creams, fluoridated toothpaste, and powders, such as sunscreen, diapering creams, baby lotion, and baby powder, to a child, when needed. The authorization shall be in writing and shall contain: (a) the child's name; (b) the names of the authorized ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (c) the criteria for the administration of the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (d) the manner in which the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders shall be applied; (e) the signature of the parent; (f) the date the authorization was signed by the parent; and (g) the length of time the authorization is valid, if less than 12 months. Item #849 – A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. We discussed that the expired diaper creams or ointments, and diaper creams or ointments with an expired medication authorization forms must have the diaper cream or ointment returned to the parent within 72 hours or discard the product within 72 hours. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. Item #840 – A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. We discussed that the toilet cleaner must be locked. The lock was placed on the cabinet during the visit and the violation was corrected during the visit. 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. Item #841 – Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked cabinet in space #4, the classroom with three through five year old children. We discussed the Children’s Motrin must be locked and labeled as staff. The Children’s Motrin was removed from the classroom and placed in locked container in the storage room. This was corrected during the visit. 15A NCAC 18A .2820 STORAGE (d) Medications including prescription and non-prescription items shall be stored in a locked cabinet or other locked container and shall not be stored above food. Designated emergency medications shall be kept inaccessible to children, but are not required to be in locked storage. Non-prescription diaper creams and sunscreen shall be kept inaccessible to children when not in use, but are not required to be in locked storage. 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 7/10/24. 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 for the facility prior to the visit today was 94%. 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 four (4) points for staff education based on the previous ownership. Program Standards: The facility will use the six (6) 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 enhanced 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. (b) 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 1/5 10 1 to 2 Years 1/6 12 2 to 3 Years 1/9 18 3 to 4 Years 1/10 20 4 to 5 Years 1/13 25 5 to 6 Years 1/15 25 6 Years and Older 1/20 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The approved curriculum being implemented by the facility is Creative Curriculum 4th Edition. 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. Consultation: We discussed the annual fire inspection is due on or before 2/6/25. 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. 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: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 7/1/2024 Number Present: 26 Completed Date: 7/1/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 10:30 AM Time Out: 01:30 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. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. 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 non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/28/24. The last shelter-in-place drill was practiced 4/23/24. A shelter-in-place drill or lockdown drill is due this month, July 2024. The last monthly playground inspection was documented on 5/8/24. A sanitation inspection was conducted on 3/6/24 with three (3) demerits for a Superior classification. An approved fire inspection was completed on 2/6/24 and collected during the visit today. An approved building inspection was completed on 4/19/24. A zoning letter was provided and dated 4/19/24. Administrative, operational and personnel policies have been submitted, reviewed, and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 4/30/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, outdoor play, and routine care. The administrator 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 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. A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. .2820(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked container in space #4, the classroom with three through five year old children. 15A NCAC 18A .2820(d) 847 Parent's medication authorization did not include required information. A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Past located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. 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. A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. .0605(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. .0605(k)(1-4) Technical assistance for correction plan: Item #1867 – Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. This is a repeat violation from 3/6/24 and 5/22/24. We discussed that while surfacing can be raked over from other areas of the playground outside of the fall zone, a plan for a permanent solution is needed to meet this requirement. The entire fall zone for playground space #1 and #2 must be six (6) inches of the rubber mulch. It is recommended to either remove the equipment which requires not having the fall zone or replace the rubber mulch with another option of surfacing such as pour and play or astro turf, both would need to meet ASTM certification. Each of these options are surfacing that does not shift or move like rubber mulch. We further discussed if this violation continues to be cited, then an administrative action may be considered for the facility. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (j) All stationary outdoor equipment more than 18 inches high shall be installed over protective surfacing. Footings which anchor equipment shall not be exposed. Protective surfacing shall be either: (1) loose surfacing material, including wood mulch, double shredded bark mulch, uniform wood chips, fine sand, coarse sand, and pea gravel, except that pea gravel shall not be used if the area will be used by children under three years of age. Loose surfacing material shall not be installed over concrete; or (2) other materials that have been certified by the manufacturer to be shock-absorbing protective material in accordance with the American Society for Testing and Materials (ASTM) Standard F 1292, may be used if installed, maintained, and replaced according to the manufacturer's instructions. This standard is incorporated by reference and does include subsequent editions. This standard may be found online at https://www.astm.org/Standards/F1292.htm for a cost of sixty-five dollars ($65.00). 10A NCAC 09 .2201 ADMINISTRATIVE ACTIONS GENERAL PROVISIONS (c) For purposes of this Section, the following definitions shall apply: (1) "Pattern of noncompliance" means violations of G.S. 110, Article 7, this Chapter, or 10A NCAC 10 documented during a time period of 18 months or less involving situations or incidents for which technical assistance has been provided and the operator continues to demonstrate noncompliance. 10A NCAC 09 .2204 PROVISIONAL CHILD CARE FACILITY LICENSE OR PROVISIONAL NOTICE OF COMPLIANCE A provisional child care facility license or provisional notice of compliance may be issued to an operator for any period of time not to exceed 12 months in accordance with the factors listed in 10A NCAC 09 .2201(b) for, among other things, the following reasons: (7) pattern of noncompliance. Item #859 – The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. We discussed that a plan must be put in place to state how monthly playground inspections will be completed in the future. 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 #847 – A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Paste located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. We discussed that medication authorization forms must be completed for each medication, including all diaper creams, and must be signed and dated by the parent. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (7) A parent may give a caregiver standing authorization for up to 12 months to apply over-the-counter, topical ointments, topical teething ointment or gel, insect repellents, lotions, creams, fluoridated toothpaste, and powders, such as sunscreen, diapering creams, baby lotion, and baby powder, to a child, when needed. The authorization shall be in writing and shall contain: (a) the child's name; (b) the names of the authorized ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (c) the criteria for the administration of the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (d) the manner in which the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders shall be applied; (e) the signature of the parent; (f) the date the authorization was signed by the parent; and (g) the length of time the authorization is valid, if less than 12 months. Item #849 – A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. We discussed that the expired diaper creams or ointments, and diaper creams or ointments with an expired medication authorization forms must have the diaper cream or ointment returned to the parent within 72 hours or discard the product within 72 hours. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. Item #840 – A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. We discussed that the toilet cleaner must be locked. The lock was placed on the cabinet during the visit and the violation was corrected during the visit. 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. Item #841 – Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked cabinet in space #4, the classroom with three through five year old children. We discussed the Children’s Motrin must be locked and labeled as staff. The Children’s Motrin was removed from the classroom and placed in locked container in the storage room. This was corrected during the visit. 15A NCAC 18A .2820 STORAGE (d) Medications including prescription and non-prescription items shall be stored in a locked cabinet or other locked container and shall not be stored above food. Designated emergency medications shall be kept inaccessible to children, but are not required to be in locked storage. Non-prescription diaper creams and sunscreen shall be kept inaccessible to children when not in use, but are not required to be in locked storage. 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 7/10/24. 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 for the facility prior to the visit today was 94%. 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 four (4) points for staff education based on the previous ownership. Program Standards: The facility will use the six (6) 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 enhanced 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. (b) 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 1/5 10 1 to 2 Years 1/6 12 2 to 3 Years 1/9 18 3 to 4 Years 1/10 20 4 to 5 Years 1/13 25 5 to 6 Years 1/15 25 6 Years and Older 1/20 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The approved curriculum being implemented by the facility is Creative Curriculum 4th Edition. 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. Consultation: We discussed the annual fire inspection is due on or before 2/6/25. 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. 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: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 7/1/2024 Number Present: 26 Completed Date: 7/1/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 10:30 AM Time Out: 01:30 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. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. 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 non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/28/24. The last shelter-in-place drill was practiced 4/23/24. A shelter-in-place drill or lockdown drill is due this month, July 2024. The last monthly playground inspection was documented on 5/8/24. A sanitation inspection was conducted on 3/6/24 with three (3) demerits for a Superior classification. An approved fire inspection was completed on 2/6/24 and collected during the visit today. An approved building inspection was completed on 4/19/24. A zoning letter was provided and dated 4/19/24. Administrative, operational and personnel policies have been submitted, reviewed, and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 4/30/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, outdoor play, and routine care. The administrator 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 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. A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. .2820(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked container in space #4, the classroom with three through five year old children. 15A NCAC 18A .2820(d) 847 Parent's medication authorization did not include required information. A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Past located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. 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. A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. .0605(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. .0605(k)(1-4) Technical assistance for correction plan: Item #1867 – Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. This is a repeat violation from 3/6/24 and 5/22/24. We discussed that while surfacing can be raked over from other areas of the playground outside of the fall zone, a plan for a permanent solution is needed to meet this requirement. The entire fall zone for playground space #1 and #2 must be six (6) inches of the rubber mulch. It is recommended to either remove the equipment which requires not having the fall zone or replace the rubber mulch with another option of surfacing such as pour and play or astro turf, both would need to meet ASTM certification. Each of these options are surfacing that does not shift or move like rubber mulch. We further discussed if this violation continues to be cited, then an administrative action may be considered for the facility. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (j) All stationary outdoor equipment more than 18 inches high shall be installed over protective surfacing. Footings which anchor equipment shall not be exposed. Protective surfacing shall be either: (1) loose surfacing material, including wood mulch, double shredded bark mulch, uniform wood chips, fine sand, coarse sand, and pea gravel, except that pea gravel shall not be used if the area will be used by children under three years of age. Loose surfacing material shall not be installed over concrete; or (2) other materials that have been certified by the manufacturer to be shock-absorbing protective material in accordance with the American Society for Testing and Materials (ASTM) Standard F 1292, may be used if installed, maintained, and replaced according to the manufacturer's instructions. This standard is incorporated by reference and does include subsequent editions. This standard may be found online at https://www.astm.org/Standards/F1292.htm for a cost of sixty-five dollars ($65.00). 10A NCAC 09 .2201 ADMINISTRATIVE ACTIONS GENERAL PROVISIONS (c) For purposes of this Section, the following definitions shall apply: (1) "Pattern of noncompliance" means violations of G.S. 110, Article 7, this Chapter, or 10A NCAC 10 documented during a time period of 18 months or less involving situations or incidents for which technical assistance has been provided and the operator continues to demonstrate noncompliance. 10A NCAC 09 .2204 PROVISIONAL CHILD CARE FACILITY LICENSE OR PROVISIONAL NOTICE OF COMPLIANCE A provisional child care facility license or provisional notice of compliance may be issued to an operator for any period of time not to exceed 12 months in accordance with the factors listed in 10A NCAC 09 .2201(b) for, among other things, the following reasons: (7) pattern of noncompliance. Item #859 – The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. We discussed that a plan must be put in place to state how monthly playground inspections will be completed in the future. 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 #847 – A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Paste located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. We discussed that medication authorization forms must be completed for each medication, including all diaper creams, and must be signed and dated by the parent. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (7) A parent may give a caregiver standing authorization for up to 12 months to apply over-the-counter, topical ointments, topical teething ointment or gel, insect repellents, lotions, creams, fluoridated toothpaste, and powders, such as sunscreen, diapering creams, baby lotion, and baby powder, to a child, when needed. The authorization shall be in writing and shall contain: (a) the child's name; (b) the names of the authorized ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (c) the criteria for the administration of the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (d) the manner in which the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders shall be applied; (e) the signature of the parent; (f) the date the authorization was signed by the parent; and (g) the length of time the authorization is valid, if less than 12 months. Item #849 – A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. We discussed that the expired diaper creams or ointments, and diaper creams or ointments with an expired medication authorization forms must have the diaper cream or ointment returned to the parent within 72 hours or discard the product within 72 hours. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. Item #840 – A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. We discussed that the toilet cleaner must be locked. The lock was placed on the cabinet during the visit and the violation was corrected during the visit. 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. Item #841 – Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked cabinet in space #4, the classroom with three through five year old children. We discussed the Children’s Motrin must be locked and labeled as staff. The Children’s Motrin was removed from the classroom and placed in locked container in the storage room. This was corrected during the visit. 15A NCAC 18A .2820 STORAGE (d) Medications including prescription and non-prescription items shall be stored in a locked cabinet or other locked container and shall not be stored above food. Designated emergency medications shall be kept inaccessible to children, but are not required to be in locked storage. Non-prescription diaper creams and sunscreen shall be kept inaccessible to children when not in use, but are not required to be in locked storage. 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 7/10/24. 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 for the facility prior to the visit today was 94%. 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 four (4) points for staff education based on the previous ownership. Program Standards: The facility will use the six (6) 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 enhanced 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. (b) 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 1/5 10 1 to 2 Years 1/6 12 2 to 3 Years 1/9 18 3 to 4 Years 1/10 20 4 to 5 Years 1/13 25 5 to 6 Years 1/15 25 6 Years and Older 1/20 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The approved curriculum being implemented by the facility is Creative Curriculum 4th Edition. 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. Consultation: We discussed the annual fire inspection is due on or before 2/6/25. 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. 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
G.S. 110-90 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 7/1/2024 Number Present: 26 Completed Date: 7/1/2024 Age: From 0 To 5 Total Minutes: 180 Time In: 10:30 AM Time Out: 01:30 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. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. 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 non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 6/28/24. The last shelter-in-place drill was practiced 4/23/24. A shelter-in-place drill or lockdown drill is due this month, July 2024. The last monthly playground inspection was documented on 5/8/24. A sanitation inspection was conducted on 3/6/24 with three (3) demerits for a Superior classification. An approved fire inspection was completed on 2/6/24 and collected during the visit today. An approved building inspection was completed on 4/19/24. A zoning letter was provided and dated 4/19/24. Administrative, operational and personnel policies have been submitted, reviewed, and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 4/30/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, outdoor play, and routine care. The administrator 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 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. A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. .2820(b) 841 Medications including prescription and non-prescription items were not stored in a locked cabinet or other locked container. Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked container in space #4, the classroom with three through five year old children. 15A NCAC 18A .2820(d) 847 Parent's medication authorization did not include required information. A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Past located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. 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. A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. .0803(12) 859 Monthly playground inspections were not completed and/or they were not completed by an individual trained in playground safety requirements. The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. .0605(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. .0605(k)(1-4) Technical assistance for correction plan: Item #1867 – Outdoor space #1, the playground for three through five year old children, had areas within the required fall zone of the anchored equipment that measured between one (1) and five (5) inches of rubber mulch. Outdoor space #2, the playground for two and three year old children, had areas within the required fall zone of the anchored equipment that measured between two (2) and five (5) inches of rubber mulch. This is a repeat violation from 3/6/24 and 5/22/24. We discussed that while surfacing can be raked over from other areas of the playground outside of the fall zone, a plan for a permanent solution is needed to meet this requirement. The entire fall zone for playground space #1 and #2 must be six (6) inches of the rubber mulch. It is recommended to either remove the equipment which requires not having the fall zone or replace the rubber mulch with another option of surfacing such as pour and play or astro turf, both would need to meet ASTM certification. Each of these options are surfacing that does not shift or move like rubber mulch. We further discussed if this violation continues to be cited, then an administrative action may be considered for the facility. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 10A NCAC 09 .0605 OUTDOOR LEARNING ENVIRONMENT IN CHILD CARE CENTERS (j) All stationary outdoor equipment more than 18 inches high shall be installed over protective surfacing. Footings which anchor equipment shall not be exposed. Protective surfacing shall be either: (1) loose surfacing material, including wood mulch, double shredded bark mulch, uniform wood chips, fine sand, coarse sand, and pea gravel, except that pea gravel shall not be used if the area will be used by children under three years of age. Loose surfacing material shall not be installed over concrete; or (2) other materials that have been certified by the manufacturer to be shock-absorbing protective material in accordance with the American Society for Testing and Materials (ASTM) Standard F 1292, may be used if installed, maintained, and replaced according to the manufacturer's instructions. This standard is incorporated by reference and does include subsequent editions. This standard may be found online at https://www.astm.org/Standards/F1292.htm for a cost of sixty-five dollars ($65.00). 10A NCAC 09 .2201 ADMINISTRATIVE ACTIONS GENERAL PROVISIONS (c) For purposes of this Section, the following definitions shall apply: (1) "Pattern of noncompliance" means violations of G.S. 110, Article 7, this Chapter, or 10A NCAC 10 documented during a time period of 18 months or less involving situations or incidents for which technical assistance has been provided and the operator continues to demonstrate noncompliance. 10A NCAC 09 .2204 PROVISIONAL CHILD CARE FACILITY LICENSE OR PROVISIONAL NOTICE OF COMPLIANCE A provisional child care facility license or provisional notice of compliance may be issued to an operator for any period of time not to exceed 12 months in accordance with the factors listed in 10A NCAC 09 .2201(b) for, among other things, the following reasons: (7) pattern of noncompliance. Item #859 – The last documented monthly playground inspection that could be located during the visit was dated 5/8/24. A monthly playground inspection was not documented as being completed for the month of June 2024. We discussed that a plan must be put in place to state how monthly playground inspections will be completed in the future. 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 #847 – A Parent’s Choice Diaper Rash Ointment located in space #3, the classroom with two and three year old children, had a medication authorization form on file that was not signed or dated by the parent. A Boudreaux’s Butt Paste located in space #3, the classroom with two and three year old children, did not have a medication authorization form on file. We discussed that medication authorization forms must be completed for each medication, including all diaper creams, and must be signed and dated by the parent. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (7) A parent may give a caregiver standing authorization for up to 12 months to apply over-the-counter, topical ointments, topical teething ointment or gel, insect repellents, lotions, creams, fluoridated toothpaste, and powders, such as sunscreen, diapering creams, baby lotion, and baby powder, to a child, when needed. The authorization shall be in writing and shall contain: (a) the child's name; (b) the names of the authorized ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (c) the criteria for the administration of the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders; (d) the manner in which the ointments, repellents, lotions, creams, fluoridated toothpaste, and powders shall be applied; (e) the signature of the parent; (f) the date the authorization was signed by the parent; and (g) the length of time the authorization is valid, if less than 12 months. Item #849 – A Boudreaux’s Butt Paste had expired in February 2024 and was located in space #1, the classroom with infant and one year old children. An Aquaphor ointment had expired in May 2024 that was located in space #3, the classroom with two and three year old children. There were two (2) Aquaphor’s ointments for two (2) different children located in space #3, the classroom with two and three year old children, that had expired medication authorization forms on file with an expiration date of 6/12/24. There was a Cortisone Eczema Diaper Rash Cream located in space #3, the classroom with two and three year old children, that had an expired medication authorization form on file with an expiration date of 4/12/24. We discussed that the expired diaper creams or ointments, and diaper creams or ointments with an expired medication authorization forms must have the diaper cream or ointment returned to the parent within 72 hours or discard the product within 72 hours. 10A NCAC 09 .0803 ADMINISTERING MEDICATION IN CHILD CARE CENTERS The following provisions apply to the administration of medication in child care centers: (12) Any medication remaining after the course of treatment is completed, after authorization is withdrawn or after authorization has expired shall be returned to the child's parents. Any medication the parent fails to retrieve within 72 hours of completion of treatment, or withdrawal of authorization, shall be discarded. Item #840 – A bottle of toilet cleaner was located in an unlocked cabinet under the sink in space #4, the classroom with three through five year old children. We discussed that the toilet cleaner must be locked. The lock was placed on the cabinet during the visit and the violation was corrected during the visit. 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. Item #841 – Children’s Motrin, reported to belong to a staff member and not an enrolled child, was located on a shelf above five feet and not in a locked cabinet in space #4, the classroom with three through five year old children. We discussed the Children’s Motrin must be locked and labeled as staff. The Children’s Motrin was removed from the classroom and placed in locked container in the storage room. This was corrected during the visit. 15A NCAC 18A .2820 STORAGE (d) Medications including prescription and non-prescription items shall be stored in a locked cabinet or other locked container and shall not be stored above food. Designated emergency medications shall be kept inaccessible to children, but are not required to be in locked storage. Non-prescription diaper creams and sunscreen shall be kept inaccessible to children when not in use, but are not required to be in locked storage. 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 7/10/24. 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 for the facility prior to the visit today was 94%. 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 four (4) points for staff education based on the previous ownership. Program Standards: The facility will use the six (6) 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 enhanced 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. (b) 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 1/5 10 1 to 2 Years 1/6 12 2 to 3 Years 1/9 18 3 to 4 Years 1/10 20 4 to 5 Years 1/13 25 5 to 6 Years 1/15 25 6 Years and Older 1/20 25 Quality Point: The facility will use the one (1) quality point based on the previous ownership. Curriculum: The approved curriculum being implemented by the facility is Creative Curriculum 4th Edition. 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. Consultation: We discussed the annual fire inspection is due on or before 2/6/25. 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. 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: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 5/22/2024 Number Present: 29 Completed Date: 5/22/2024 Age: From 0 To 5 Total Minutes: 200 Time In: 09:25 AM Time Out: 12:45 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 applicable child care requirements during the second temporary time period visit. This facility is on a temporary license due to a change of ownership. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. Due to technical issues, the Regulatory database system was not available during the visit. A typed report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. The computerized report, after entered in the Regulatory database system, was emailed to you on 5/22/24 to sign and return. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. 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 non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 5/20/24. The last shelter-in-place drill was practiced 4/23/24. The last monthly playground inspection was documented on 5/8/24. A sanitation inspection was conducted on 3/6/24 with three (3) demerits for a Superior classification. An approved fire inspection was completed on 2/6/24 and collected during the visit today. An approved building inspection was completed on 4/19/24. A zoning letter was provided and dated 4/19/24. Administrative, operational and personnel policies have been submitted, reviewed, and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 4/30/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, outdoor play, routine care, and lunch. Three (3) children files were monitored. There were four (4) new staff files that were monitored. Limited monitoring of existing staff files occurred. To continue to serve children on subsidy vouchers, the facility must transition to a three-star license or higher. If the facility cannot achieve a three-star license or higher, no children can be served that receive subsidy vouchers. Due to the ownership change, the facility has the option to use the previous ownership’s star rating points and be included in the rated license cycle for the previous facility, Cohort 1. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations of child care requirements were observed today: Violation Number Comment Rule 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1 had areas within the required fall zone of the anchored equipment that measured between three and five inches of rubber mulch. Outdoor space #2 had areas within the required fall zone of the anchored equipment that measured between three and four inches of rubber mulch. .0605(k)(1-4) Technical assistance for correction plan: Item #1867 We discussed that while surfacing can be raked over from other areas of the playground outside of the fall zone, a plan for a permanent solution is needed to meet this requirement of six inches of surfacing. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 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 6/5/24. 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 (DCDEE) 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 91%. Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four year-old children. The curriculum implemented is Creative Curriculum 4th Edition. Consultation: We discussed that the hallway outside of space #4, the classroom with three though five year olds, is not allowed to be used for indoor gross motor space since it is not approved space. A growing tomatoes resource was sent to you via email during the visit today. There was an existing Christine Avery staff file for J. Bright that was reviewed today during the visit. The staff member was not on-site today. When or if the staff member returns to this facility, a copy of their medical report and TB test/screening is required to be on file either permanently or through a traveling file. L. Smith and D. Devenger have 90 days from the date they started employment to complete CPR/First Aid training and the Recognizing and Responding to Suspicions of Child Maltreatment training. The two (2) staff in space #2, the classroom with one year old children, were looking at their cell phones periodically during outdoor play and lunch, while supervising the children. It is recommended to review the supervision rule with the two (2) staff. 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…. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact the child care consultant within thirty (30) days prior to the change. Failure to notify the child care consultant, may result in a violation of child care requirements. Health and Safety Training It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you as needed. Please continue to visit DCDEE’s website to get the latest information for child care at https://ncchildcare.ncdhhs.gov/. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at 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 .1801 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 5/22/2024 Number Present: 29 Completed Date: 5/22/2024 Age: From 0 To 5 Total Minutes: 200 Time In: 09:25 AM Time Out: 12:45 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 applicable child care requirements during the second temporary time period visit. This facility is on a temporary license due to a change of ownership. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. Due to technical issues, the Regulatory database system was not available during the visit. A typed report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. The computerized report, after entered in the Regulatory database system, was emailed to you on 5/22/24 to sign and return. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. 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 non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 5/20/24. The last shelter-in-place drill was practiced 4/23/24. The last monthly playground inspection was documented on 5/8/24. A sanitation inspection was conducted on 3/6/24 with three (3) demerits for a Superior classification. An approved fire inspection was completed on 2/6/24 and collected during the visit today. An approved building inspection was completed on 4/19/24. A zoning letter was provided and dated 4/19/24. Administrative, operational and personnel policies have been submitted, reviewed, and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 4/30/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, outdoor play, routine care, and lunch. Three (3) children files were monitored. There were four (4) new staff files that were monitored. Limited monitoring of existing staff files occurred. To continue to serve children on subsidy vouchers, the facility must transition to a three-star license or higher. If the facility cannot achieve a three-star license or higher, no children can be served that receive subsidy vouchers. Due to the ownership change, the facility has the option to use the previous ownership’s star rating points and be included in the rated license cycle for the previous facility, Cohort 1. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations of child care requirements were observed today: Violation Number Comment Rule 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1 had areas within the required fall zone of the anchored equipment that measured between three and five inches of rubber mulch. Outdoor space #2 had areas within the required fall zone of the anchored equipment that measured between three and four inches of rubber mulch. .0605(k)(1-4) Technical assistance for correction plan: Item #1867 We discussed that while surfacing can be raked over from other areas of the playground outside of the fall zone, a plan for a permanent solution is needed to meet this requirement of six inches of surfacing. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 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 6/5/24. 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 (DCDEE) 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 91%. Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four year-old children. The curriculum implemented is Creative Curriculum 4th Edition. Consultation: We discussed that the hallway outside of space #4, the classroom with three though five year olds, is not allowed to be used for indoor gross motor space since it is not approved space. A growing tomatoes resource was sent to you via email during the visit today. There was an existing Christine Avery staff file for J. Bright that was reviewed today during the visit. The staff member was not on-site today. When or if the staff member returns to this facility, a copy of their medical report and TB test/screening is required to be on file either permanently or through a traveling file. L. Smith and D. Devenger have 90 days from the date they started employment to complete CPR/First Aid training and the Recognizing and Responding to Suspicions of Child Maltreatment training. The two (2) staff in space #2, the classroom with one year old children, were looking at their cell phones periodically during outdoor play and lunch, while supervising the children. It is recommended to review the supervision rule with the two (2) staff. 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…. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact the child care consultant within thirty (30) days prior to the change. Failure to notify the child care consultant, may result in a violation of child care requirements. Health and Safety Training It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you as needed. Please continue to visit DCDEE’s website to get the latest information for child care at https://ncchildcare.ncdhhs.gov/. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at 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: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 5/22/2024 Number Present: 29 Completed Date: 5/22/2024 Age: From 0 To 5 Total Minutes: 200 Time In: 09:25 AM Time Out: 12:45 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 applicable child care requirements during the second temporary time period visit. This facility is on a temporary license due to a change of ownership. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. Due to technical issues, the Regulatory database system was not available during the visit. A typed report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. The computerized report, after entered in the Regulatory database system, was emailed to you on 5/22/24 to sign and return. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. 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 non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. The last monthly fire drill was practiced 5/20/24. The last shelter-in-place drill was practiced 4/23/24. The last monthly playground inspection was documented on 5/8/24. A sanitation inspection was conducted on 3/6/24 with three (3) demerits for a Superior classification. An approved fire inspection was completed on 2/6/24 and collected during the visit today. An approved building inspection was completed on 4/19/24. A zoning letter was provided and dated 4/19/24. Administrative, operational and personnel policies have been submitted, reviewed, and meet all required topics. The Emergency Preparedness Response (EPR) plan was completed on 4/30/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, outdoor play, routine care, and lunch. Three (3) children files were monitored. There were four (4) new staff files that were monitored. Limited monitoring of existing staff files occurred. To continue to serve children on subsidy vouchers, the facility must transition to a three-star license or higher. If the facility cannot achieve a three-star license or higher, no children can be served that receive subsidy vouchers. Due to the ownership change, the facility has the option to use the previous ownership’s star rating points and be included in the rated license cycle for the previous facility, Cohort 1. I used the Child Care Center Item Number Listing (DCDEE-0357) as a basic monitoring tool to assess compliance with all applicable child care requirements pertinent to this facility. For specific rule references, refer to Chapter 110 General Statues Child Care Facilities, Chapter nine (9) Child Care Rule (10A NCAC 09) and Section 2800 Sanitation of Child Care Center (15A NCAC 18A) for additional information. Updated copies of these rules can be located on our website at https://ncchildcare.ncdhhs.gov/ The following violations of child care requirements were observed today: Violation Number Comment Rule 1867 The depth of the loose surfacing was not based on critical height of the equipment. Outdoor space #1 had areas within the required fall zone of the anchored equipment that measured between three and five inches of rubber mulch. Outdoor space #2 had areas within the required fall zone of the anchored equipment that measured between three and four inches of rubber mulch. .0605(k)(1-4) Technical assistance for correction plan: Item #1867 We discussed that while surfacing can be raked over from other areas of the playground outside of the fall zone, a plan for a permanent solution is needed to meet this requirement of six inches of surfacing. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 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 6/5/24. 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 (DCDEE) 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 91%. Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four year-old children. The curriculum implemented is Creative Curriculum 4th Edition. Consultation: We discussed that the hallway outside of space #4, the classroom with three though five year olds, is not allowed to be used for indoor gross motor space since it is not approved space. A growing tomatoes resource was sent to you via email during the visit today. There was an existing Christine Avery staff file for J. Bright that was reviewed today during the visit. The staff member was not on-site today. When or if the staff member returns to this facility, a copy of their medical report and TB test/screening is required to be on file either permanently or through a traveling file. L. Smith and D. Devenger have 90 days from the date they started employment to complete CPR/First Aid training and the Recognizing and Responding to Suspicions of Child Maltreatment training. The two (2) staff in space #2, the classroom with one year old children, were looking at their cell phones periodically during outdoor play and lunch, while supervising the children. It is recommended to review the supervision rule with the two (2) staff. 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…. If you elect to change and/or alter any previously approved spaces used by children as indicated on the approved indoor and outdoor floor plan, you will need to contact the child care consultant within thirty (30) days prior to the change. Failure to notify the child care consultant, may result in a violation of child care requirements. Health and Safety Training It is your responsibility to understand the health and safety requirements in child care rule .1102. If the program is out of compliance in accordance with health and safety requirements, Child Care Development Block Grant (CCDBG), it may affect subsidy funding. Stay updated with changes and new rule updates by visiting the DCDEE website at https://ncchildcare.ncdhhs.gov/.It is your responsibility to understand the rules and laws that are applicable your program. All rules/laws cannot be verbally reviewed during any licensing visit. Please ask questions if you are having difficulty and would like additional technical assistance. I welcome your questions and want to be a resource for you as needed. Please continue to visit DCDEE’s website to get the latest information for child care at https://ncchildcare.ncdhhs.gov/. We appreciate all you are doing to serve the children and families of NC. If you have questions, please contact me at 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 .0302 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 3/6/2024 Number Present: 26 Completed Date: 3/6/2024 Age: From 0 To 5 Total Minutes: 325 Time In: 09:05 AM Time Out: 02:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance with applicable child care requirements during the first temporary time period visit. This facility is on a temporary license due to a change of ownership. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. Two (2) Buncombe County Environmental Health Specialists arrived at approximately 12:15pm for a sanitation inspection. Karla Terry, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. The restrictions include daytime care only; meets enhanced space; meet enhanced ratios; maximum capacity fifty (50) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. During this first Temporary Time Period visit, classrooms were monitored as well as the playground, materials, equipment and required posted items for meeting all minimum licensing requirements. The last monthly fire drill was practiced 2/26/24. The last lockdown drill was practiced 1/29/24. The last monthly playground inspection was documented in February 2024. A sanitation inspection was completed today. An approved fire inspection was completed on 2/6/24 and collected during the visit today. 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 have been submitted and reviewed. The personnel policies were missing two (2) topics. The administrative, operational, and personnel 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 6/1/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, small group activities, routine care, and lunch. The children were served chicken, noodles, pineapple, broccoli, and milk for lunch as listed on the menu. Three (3) children files were monitored. There are sixteen (16) staff. All staff files were monitored today. 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 four-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 prep year assessment request form was provided to you today during the visit. 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 125 Daily records of arrival and departure times for children enrolled at the center were not maintained as children arrive and depart and/or were not made available for review. One (1) child was not signed in with an arrival time in space #3, the classroom with two and three year old children. One (1) child was not signed in with an arrival time in space #4, the classroom with three through five year old children. 10A NCAC 09 .0302(d)(4) 705 Equipment and furnishings were not sturdy, stable and free of hazards. The spring rocker on outdoor playground space #3 has peeling paint on the handle. There was a metal, rusty trash can in the bathroom of space #3. .0601(c) 861 Prohibited styrofoam and foam rubber products were accessible to children under 3 years of age and/or approved foam products were used without proper supervision. Foam rubber blocks were located in space #3, the classroom with two and three year old children. .0604(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The stationary equipment on outdoor spaces #2 and #3 had rubber mulch that measured less than the required six inches based on the critical height of the equipment (5 feet or less). The areas around the slide exits had less than one inch of rubber mulch. The mulched areas around the fall zone area of the equipment, excluding the slide exits measured as low as two inches. .0605(k)(1-4) Technical assistance for correction plan: Item #125 – One (1) child was not signed in with an arrival time in space #3, the classroom with two and three year old children. One (1) child was not signed in with an arrival time in space #4, the classroom with three through five year old children. Children must be signed in as they arrive and signed out as they depart. We discussed to remind parents to sign their child in and have the teacher sign the child in if the parent does not. The children were signed-in during the visit and this violation has been corrected. 10A NCAC 09 .0302 APPLICATION FOR A LICENSE FOR A CHILD CARE CENTER (d) During the pre-licensing visit the applicant shall have the following available for review pursuant to 10A NCAC 09 .0304(g): (4) daily records of arrival and departure times at the center for each child which shall be maintained as children arrive and depart; 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (g) Each center shall maintain records as described in 10A NCAC 09 .0302(d) and shall make them available to the Division for review. Item #861 – Foam rubber blocks were located in space #3, the classroom with two and three year old children. The foam rubber blocks were removed from the classroom during the visit and this violation has been corrected. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. Item #705 – The spring rocker on outdoor playground space #3 has peeling paint on the handle. There was a metal, rusty trash can in the bathroom of space #3. The spring rocker must be repaired or removed from outdoor playground space #3. If the spring rocker will be repaired, then it must be made inaccessible to children until repairs are completed. We discussed a tarp may be used to cover the equipment to prevent use by children. The metal rusted trash can was removed from space #3 and replaced with a plastic trash can. 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. (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. Item #1867 - The stationary equipment on outdoor spaces #2 and #3 had rubber mulch that measured less than the required six inches based on the critical height of the equipment (5 feet or less). The areas around the slide exits had less than one inch of rubber mulch. The mulched areas around the fall zone area of the equipment, excluding the slide exits measured as low as two inches. All areas within the fall zone of the climbing structures on outdoor spaces #2 and #3 must measure at minimum six inches unless ASTM documentation states otherwise. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 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 3/20/24. 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 (DCDEE) 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. Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four year-old children. The curriculum implemented is Creative Curriculum 4th Edition. 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 – Buncombe Partnership for Children, Inc. – Jenny Vial, 828-582-8219, Jenny@BuncombePFC.org Consultation: Reminder that staff evaluations and staff development plans are due starting in April 2024. Reminder to have the Emergency Information form for staff completed in its entirety. The rated licenses dated 2/2/22 and 7/2/19, from the previous ownership were collected today and will be returned to DCDEE in Raleigh. We discussed that the hallway is generally not used for children due to having drop-off, pick-up, and outdoor play exits directly from the classrooms. There are multiple plastic bags in the hallway with storage. The plastic bags will need to be removed from the hallway. Ms. Scott stated that an on-site storage unit will be delivered soon to allow for additional storage. If this has not occurred by the next temporary time period visit, it will be cited as a violation. Ms. Scott stated that the swings on playground space #1 are not used and are scheduled to be taken down permanently. The swings require the majority of the playground space as a fall zone and there is other portable playground equipment in the swing fall zone. If the swings have not been removed by the next temporary time period visit, it will be cited as a violation. The rubber mulch on playground space #1 is not required if the swings are removed. There is portable equipment that does not require surfacing for licensing. However, surfacing is required for portable equipment for a higher quality environment and would be assessed during an Environment Rating Scale assessment. The ASTM documentation could not be located for the rubber mulch on all three (3) outdoor playground spaces. Due to the ownership change, the current rubber mulch will be accepted as is. Once the facility has new rubber mulch on the outdoor spaces, then the ASTM documentation will be required to be on-site and on file at the facility. There are staff from the other two (2) Christine Avery Learning Center licensed sites that may be onsite at this child care facility. All Christine Avery Learning Center staff that do not regularly work at this site must have a traveling file to meet all applicable child care requirements while on-site. It is recommended to have all Christine Avery Learning Center staff from the other two (2) sites have a permanent file on-site to be sure a file is available for review during any licensing visit and all child care requirements are met. No staff from the other two (2) sites were on-site at this facility today. 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. 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. Documentation of Orientation ensure that each topic area lines are completed the date (month, day, year), training hours, and instructor. 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. 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 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 .0304 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 3/6/2024 Number Present: 26 Completed Date: 3/6/2024 Age: From 0 To 5 Total Minutes: 325 Time In: 09:05 AM Time Out: 02:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance with applicable child care requirements during the first temporary time period visit. This facility is on a temporary license due to a change of ownership. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. Two (2) Buncombe County Environmental Health Specialists arrived at approximately 12:15pm for a sanitation inspection. Karla Terry, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. The restrictions include daytime care only; meets enhanced space; meet enhanced ratios; maximum capacity fifty (50) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. During this first Temporary Time Period visit, classrooms were monitored as well as the playground, materials, equipment and required posted items for meeting all minimum licensing requirements. The last monthly fire drill was practiced 2/26/24. The last lockdown drill was practiced 1/29/24. The last monthly playground inspection was documented in February 2024. A sanitation inspection was completed today. An approved fire inspection was completed on 2/6/24 and collected during the visit today. 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 have been submitted and reviewed. The personnel policies were missing two (2) topics. The administrative, operational, and personnel 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 6/1/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, small group activities, routine care, and lunch. The children were served chicken, noodles, pineapple, broccoli, and milk for lunch as listed on the menu. Three (3) children files were monitored. There are sixteen (16) staff. All staff files were monitored today. 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 four-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 prep year assessment request form was provided to you today during the visit. 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 125 Daily records of arrival and departure times for children enrolled at the center were not maintained as children arrive and depart and/or were not made available for review. One (1) child was not signed in with an arrival time in space #3, the classroom with two and three year old children. One (1) child was not signed in with an arrival time in space #4, the classroom with three through five year old children. 10A NCAC 09 .0302(d)(4) 705 Equipment and furnishings were not sturdy, stable and free of hazards. The spring rocker on outdoor playground space #3 has peeling paint on the handle. There was a metal, rusty trash can in the bathroom of space #3. .0601(c) 861 Prohibited styrofoam and foam rubber products were accessible to children under 3 years of age and/or approved foam products were used without proper supervision. Foam rubber blocks were located in space #3, the classroom with two and three year old children. .0604(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The stationary equipment on outdoor spaces #2 and #3 had rubber mulch that measured less than the required six inches based on the critical height of the equipment (5 feet or less). The areas around the slide exits had less than one inch of rubber mulch. The mulched areas around the fall zone area of the equipment, excluding the slide exits measured as low as two inches. .0605(k)(1-4) Technical assistance for correction plan: Item #125 – One (1) child was not signed in with an arrival time in space #3, the classroom with two and three year old children. One (1) child was not signed in with an arrival time in space #4, the classroom with three through five year old children. Children must be signed in as they arrive and signed out as they depart. We discussed to remind parents to sign their child in and have the teacher sign the child in if the parent does not. The children were signed-in during the visit and this violation has been corrected. 10A NCAC 09 .0302 APPLICATION FOR A LICENSE FOR A CHILD CARE CENTER (d) During the pre-licensing visit the applicant shall have the following available for review pursuant to 10A NCAC 09 .0304(g): (4) daily records of arrival and departure times at the center for each child which shall be maintained as children arrive and depart; 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (g) Each center shall maintain records as described in 10A NCAC 09 .0302(d) and shall make them available to the Division for review. Item #861 – Foam rubber blocks were located in space #3, the classroom with two and three year old children. The foam rubber blocks were removed from the classroom during the visit and this violation has been corrected. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. Item #705 – The spring rocker on outdoor playground space #3 has peeling paint on the handle. There was a metal, rusty trash can in the bathroom of space #3. The spring rocker must be repaired or removed from outdoor playground space #3. If the spring rocker will be repaired, then it must be made inaccessible to children until repairs are completed. We discussed a tarp may be used to cover the equipment to prevent use by children. The metal rusted trash can was removed from space #3 and replaced with a plastic trash can. 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. (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. Item #1867 - The stationary equipment on outdoor spaces #2 and #3 had rubber mulch that measured less than the required six inches based on the critical height of the equipment (5 feet or less). The areas around the slide exits had less than one inch of rubber mulch. The mulched areas around the fall zone area of the equipment, excluding the slide exits measured as low as two inches. All areas within the fall zone of the climbing structures on outdoor spaces #2 and #3 must measure at minimum six inches unless ASTM documentation states otherwise. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 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 3/20/24. 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 (DCDEE) 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. Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four year-old children. The curriculum implemented is Creative Curriculum 4th Edition. 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 – Buncombe Partnership for Children, Inc. – Jenny Vial, 828-582-8219, Jenny@BuncombePFC.org Consultation: Reminder that staff evaluations and staff development plans are due starting in April 2024. Reminder to have the Emergency Information form for staff completed in its entirety. The rated licenses dated 2/2/22 and 7/2/19, from the previous ownership were collected today and will be returned to DCDEE in Raleigh. We discussed that the hallway is generally not used for children due to having drop-off, pick-up, and outdoor play exits directly from the classrooms. There are multiple plastic bags in the hallway with storage. The plastic bags will need to be removed from the hallway. Ms. Scott stated that an on-site storage unit will be delivered soon to allow for additional storage. If this has not occurred by the next temporary time period visit, it will be cited as a violation. Ms. Scott stated that the swings on playground space #1 are not used and are scheduled to be taken down permanently. The swings require the majority of the playground space as a fall zone and there is other portable playground equipment in the swing fall zone. If the swings have not been removed by the next temporary time period visit, it will be cited as a violation. The rubber mulch on playground space #1 is not required if the swings are removed. There is portable equipment that does not require surfacing for licensing. However, surfacing is required for portable equipment for a higher quality environment and would be assessed during an Environment Rating Scale assessment. The ASTM documentation could not be located for the rubber mulch on all three (3) outdoor playground spaces. Due to the ownership change, the current rubber mulch will be accepted as is. Once the facility has new rubber mulch on the outdoor spaces, then the ASTM documentation will be required to be on-site and on file at the facility. There are staff from the other two (2) Christine Avery Learning Center licensed sites that may be onsite at this child care facility. All Christine Avery Learning Center staff that do not regularly work at this site must have a traveling file to meet all applicable child care requirements while on-site. It is recommended to have all Christine Avery Learning Center staff from the other two (2) sites have a permanent file on-site to be sure a file is available for review during any licensing visit and all child care requirements are met. No staff from the other two (2) sites were on-site at this facility today. 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. 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. Documentation of Orientation ensure that each topic area lines are completed the date (month, day, year), training hours, and instructor. 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. 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 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: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 3/6/2024 Number Present: 26 Completed Date: 3/6/2024 Age: From 0 To 5 Total Minutes: 325 Time In: 09:05 AM Time Out: 02:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance with applicable child care requirements during the first temporary time period visit. This facility is on a temporary license due to a change of ownership. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. Two (2) Buncombe County Environmental Health Specialists arrived at approximately 12:15pm for a sanitation inspection. Karla Terry, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. The restrictions include daytime care only; meets enhanced space; meet enhanced ratios; maximum capacity fifty (50) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. During this first Temporary Time Period visit, classrooms were monitored as well as the playground, materials, equipment and required posted items for meeting all minimum licensing requirements. The last monthly fire drill was practiced 2/26/24. The last lockdown drill was practiced 1/29/24. The last monthly playground inspection was documented in February 2024. A sanitation inspection was completed today. An approved fire inspection was completed on 2/6/24 and collected during the visit today. 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 have been submitted and reviewed. The personnel policies were missing two (2) topics. The administrative, operational, and personnel 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 6/1/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, small group activities, routine care, and lunch. The children were served chicken, noodles, pineapple, broccoli, and milk for lunch as listed on the menu. Three (3) children files were monitored. There are sixteen (16) staff. All staff files were monitored today. 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 four-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 prep year assessment request form was provided to you today during the visit. 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 125 Daily records of arrival and departure times for children enrolled at the center were not maintained as children arrive and depart and/or were not made available for review. One (1) child was not signed in with an arrival time in space #3, the classroom with two and three year old children. One (1) child was not signed in with an arrival time in space #4, the classroom with three through five year old children. 10A NCAC 09 .0302(d)(4) 705 Equipment and furnishings were not sturdy, stable and free of hazards. The spring rocker on outdoor playground space #3 has peeling paint on the handle. There was a metal, rusty trash can in the bathroom of space #3. .0601(c) 861 Prohibited styrofoam and foam rubber products were accessible to children under 3 years of age and/or approved foam products were used without proper supervision. Foam rubber blocks were located in space #3, the classroom with two and three year old children. .0604(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The stationary equipment on outdoor spaces #2 and #3 had rubber mulch that measured less than the required six inches based on the critical height of the equipment (5 feet or less). The areas around the slide exits had less than one inch of rubber mulch. The mulched areas around the fall zone area of the equipment, excluding the slide exits measured as low as two inches. .0605(k)(1-4) Technical assistance for correction plan: Item #125 – One (1) child was not signed in with an arrival time in space #3, the classroom with two and three year old children. One (1) child was not signed in with an arrival time in space #4, the classroom with three through five year old children. Children must be signed in as they arrive and signed out as they depart. We discussed to remind parents to sign their child in and have the teacher sign the child in if the parent does not. The children were signed-in during the visit and this violation has been corrected. 10A NCAC 09 .0302 APPLICATION FOR A LICENSE FOR A CHILD CARE CENTER (d) During the pre-licensing visit the applicant shall have the following available for review pursuant to 10A NCAC 09 .0304(g): (4) daily records of arrival and departure times at the center for each child which shall be maintained as children arrive and depart; 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (g) Each center shall maintain records as described in 10A NCAC 09 .0302(d) and shall make them available to the Division for review. Item #861 – Foam rubber blocks were located in space #3, the classroom with two and three year old children. The foam rubber blocks were removed from the classroom during the visit and this violation has been corrected. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. Item #705 – The spring rocker on outdoor playground space #3 has peeling paint on the handle. There was a metal, rusty trash can in the bathroom of space #3. The spring rocker must be repaired or removed from outdoor playground space #3. If the spring rocker will be repaired, then it must be made inaccessible to children until repairs are completed. We discussed a tarp may be used to cover the equipment to prevent use by children. The metal rusted trash can was removed from space #3 and replaced with a plastic trash can. 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. (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. Item #1867 - The stationary equipment on outdoor spaces #2 and #3 had rubber mulch that measured less than the required six inches based on the critical height of the equipment (5 feet or less). The areas around the slide exits had less than one inch of rubber mulch. The mulched areas around the fall zone area of the equipment, excluding the slide exits measured as low as two inches. All areas within the fall zone of the climbing structures on outdoor spaces #2 and #3 must measure at minimum six inches unless ASTM documentation states otherwise. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 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 3/20/24. 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 (DCDEE) 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. Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four year-old children. The curriculum implemented is Creative Curriculum 4th Edition. 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 – Buncombe Partnership for Children, Inc. – Jenny Vial, 828-582-8219, Jenny@BuncombePFC.org Consultation: Reminder that staff evaluations and staff development plans are due starting in April 2024. Reminder to have the Emergency Information form for staff completed in its entirety. The rated licenses dated 2/2/22 and 7/2/19, from the previous ownership were collected today and will be returned to DCDEE in Raleigh. We discussed that the hallway is generally not used for children due to having drop-off, pick-up, and outdoor play exits directly from the classrooms. There are multiple plastic bags in the hallway with storage. The plastic bags will need to be removed from the hallway. Ms. Scott stated that an on-site storage unit will be delivered soon to allow for additional storage. If this has not occurred by the next temporary time period visit, it will be cited as a violation. Ms. Scott stated that the swings on playground space #1 are not used and are scheduled to be taken down permanently. The swings require the majority of the playground space as a fall zone and there is other portable playground equipment in the swing fall zone. If the swings have not been removed by the next temporary time period visit, it will be cited as a violation. The rubber mulch on playground space #1 is not required if the swings are removed. There is portable equipment that does not require surfacing for licensing. However, surfacing is required for portable equipment for a higher quality environment and would be assessed during an Environment Rating Scale assessment. The ASTM documentation could not be located for the rubber mulch on all three (3) outdoor playground spaces. Due to the ownership change, the current rubber mulch will be accepted as is. Once the facility has new rubber mulch on the outdoor spaces, then the ASTM documentation will be required to be on-site and on file at the facility. There are staff from the other two (2) Christine Avery Learning Center licensed sites that may be onsite at this child care facility. All Christine Avery Learning Center staff that do not regularly work at this site must have a traveling file to meet all applicable child care requirements while on-site. It is recommended to have all Christine Avery Learning Center staff from the other two (2) sites have a permanent file on-site to be sure a file is available for review during any licensing visit and all child care requirements are met. No staff from the other two (2) sites were on-site at this facility today. 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. 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. Documentation of Orientation ensure that each topic area lines are completed the date (month, day, year), training hours, and instructor. 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. 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 my supervisor, Bonnie Mathis at bonnie.mathis@dhhs.nc.gov. If the operator fails to correct any documented violations within the established time period, the Division of Child Development and Early Education may deny, suspend, terminate, or revoke any permit to operate (10A NCAC 09 .2000). All information in this report has been reviewed with me today.I understand that it is my responsibility to maintaincompliance with applicable NC Child Care Requirements at all times
10A NCAC 09 .0604 · Violation
Name of Operation: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 3/6/2024 Number Present: 26 Completed Date: 3/6/2024 Age: From 0 To 5 Total Minutes: 325 Time In: 09:05 AM Time Out: 02:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance with applicable child care requirements during the first temporary time period visit. This facility is on a temporary license due to a change of ownership. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. Two (2) Buncombe County Environmental Health Specialists arrived at approximately 12:15pm for a sanitation inspection. Karla Terry, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. The restrictions include daytime care only; meets enhanced space; meet enhanced ratios; maximum capacity fifty (50) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. During this first Temporary Time Period visit, classrooms were monitored as well as the playground, materials, equipment and required posted items for meeting all minimum licensing requirements. The last monthly fire drill was practiced 2/26/24. The last lockdown drill was practiced 1/29/24. The last monthly playground inspection was documented in February 2024. A sanitation inspection was completed today. An approved fire inspection was completed on 2/6/24 and collected during the visit today. 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 have been submitted and reviewed. The personnel policies were missing two (2) topics. The administrative, operational, and personnel 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 6/1/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, small group activities, routine care, and lunch. The children were served chicken, noodles, pineapple, broccoli, and milk for lunch as listed on the menu. Three (3) children files were monitored. There are sixteen (16) staff. All staff files were monitored today. 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 four-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 prep year assessment request form was provided to you today during the visit. 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 125 Daily records of arrival and departure times for children enrolled at the center were not maintained as children arrive and depart and/or were not made available for review. One (1) child was not signed in with an arrival time in space #3, the classroom with two and three year old children. One (1) child was not signed in with an arrival time in space #4, the classroom with three through five year old children. 10A NCAC 09 .0302(d)(4) 705 Equipment and furnishings were not sturdy, stable and free of hazards. The spring rocker on outdoor playground space #3 has peeling paint on the handle. There was a metal, rusty trash can in the bathroom of space #3. .0601(c) 861 Prohibited styrofoam and foam rubber products were accessible to children under 3 years of age and/or approved foam products were used without proper supervision. Foam rubber blocks were located in space #3, the classroom with two and three year old children. .0604(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The stationary equipment on outdoor spaces #2 and #3 had rubber mulch that measured less than the required six inches based on the critical height of the equipment (5 feet or less). The areas around the slide exits had less than one inch of rubber mulch. The mulched areas around the fall zone area of the equipment, excluding the slide exits measured as low as two inches. .0605(k)(1-4) Technical assistance for correction plan: Item #125 – One (1) child was not signed in with an arrival time in space #3, the classroom with two and three year old children. One (1) child was not signed in with an arrival time in space #4, the classroom with three through five year old children. Children must be signed in as they arrive and signed out as they depart. We discussed to remind parents to sign their child in and have the teacher sign the child in if the parent does not. The children were signed-in during the visit and this violation has been corrected. 10A NCAC 09 .0302 APPLICATION FOR A LICENSE FOR A CHILD CARE CENTER (d) During the pre-licensing visit the applicant shall have the following available for review pursuant to 10A NCAC 09 .0304(g): (4) daily records of arrival and departure times at the center for each child which shall be maintained as children arrive and depart; 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (g) Each center shall maintain records as described in 10A NCAC 09 .0302(d) and shall make them available to the Division for review. Item #861 – Foam rubber blocks were located in space #3, the classroom with two and three year old children. The foam rubber blocks were removed from the classroom during the visit and this violation has been corrected. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. Item #705 – The spring rocker on outdoor playground space #3 has peeling paint on the handle. There was a metal, rusty trash can in the bathroom of space #3. The spring rocker must be repaired or removed from outdoor playground space #3. If the spring rocker will be repaired, then it must be made inaccessible to children until repairs are completed. We discussed a tarp may be used to cover the equipment to prevent use by children. The metal rusted trash can was removed from space #3 and replaced with a plastic trash can. 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. (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. Item #1867 - The stationary equipment on outdoor spaces #2 and #3 had rubber mulch that measured less than the required six inches based on the critical height of the equipment (5 feet or less). The areas around the slide exits had less than one inch of rubber mulch. The mulched areas around the fall zone area of the equipment, excluding the slide exits measured as low as two inches. All areas within the fall zone of the climbing structures on outdoor spaces #2 and #3 must measure at minimum six inches unless ASTM documentation states otherwise. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 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 3/20/24. 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 (DCDEE) 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. Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four year-old children. The curriculum implemented is Creative Curriculum 4th Edition. 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 – Buncombe Partnership for Children, Inc. – Jenny Vial, 828-582-8219, Jenny@BuncombePFC.org Consultation: Reminder that staff evaluations and staff development plans are due starting in April 2024. Reminder to have the Emergency Information form for staff completed in its entirety. The rated licenses dated 2/2/22 and 7/2/19, from the previous ownership were collected today and will be returned to DCDEE in Raleigh. We discussed that the hallway is generally not used for children due to having drop-off, pick-up, and outdoor play exits directly from the classrooms. There are multiple plastic bags in the hallway with storage. The plastic bags will need to be removed from the hallway. Ms. Scott stated that an on-site storage unit will be delivered soon to allow for additional storage. If this has not occurred by the next temporary time period visit, it will be cited as a violation. Ms. Scott stated that the swings on playground space #1 are not used and are scheduled to be taken down permanently. The swings require the majority of the playground space as a fall zone and there is other portable playground equipment in the swing fall zone. If the swings have not been removed by the next temporary time period visit, it will be cited as a violation. The rubber mulch on playground space #1 is not required if the swings are removed. There is portable equipment that does not require surfacing for licensing. However, surfacing is required for portable equipment for a higher quality environment and would be assessed during an Environment Rating Scale assessment. The ASTM documentation could not be located for the rubber mulch on all three (3) outdoor playground spaces. Due to the ownership change, the current rubber mulch will be accepted as is. Once the facility has new rubber mulch on the outdoor spaces, then the ASTM documentation will be required to be on-site and on file at the facility. There are staff from the other two (2) Christine Avery Learning Center licensed sites that may be onsite at this child care facility. All Christine Avery Learning Center staff that do not regularly work at this site must have a traveling file to meet all applicable child care requirements while on-site. It is recommended to have all Christine Avery Learning Center staff from the other two (2) sites have a permanent file on-site to be sure a file is available for review during any licensing visit and all child care requirements are met. No staff from the other two (2) sites were on-site at this facility today. 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. 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. Documentation of Orientation ensure that each topic area lines are completed the date (month, day, year), training hours, and instructor. 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. 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 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: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 3/6/2024 Number Present: 26 Completed Date: 3/6/2024 Age: From 0 To 5 Total Minutes: 325 Time In: 09:05 AM Time Out: 02:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance with applicable child care requirements during the first temporary time period visit. This facility is on a temporary license due to a change of ownership. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. Two (2) Buncombe County Environmental Health Specialists arrived at approximately 12:15pm for a sanitation inspection. Karla Terry, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. The restrictions include daytime care only; meets enhanced space; meet enhanced ratios; maximum capacity fifty (50) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. During this first Temporary Time Period visit, classrooms were monitored as well as the playground, materials, equipment and required posted items for meeting all minimum licensing requirements. The last monthly fire drill was practiced 2/26/24. The last lockdown drill was practiced 1/29/24. The last monthly playground inspection was documented in February 2024. A sanitation inspection was completed today. An approved fire inspection was completed on 2/6/24 and collected during the visit today. 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 have been submitted and reviewed. The personnel policies were missing two (2) topics. The administrative, operational, and personnel 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 6/1/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, small group activities, routine care, and lunch. The children were served chicken, noodles, pineapple, broccoli, and milk for lunch as listed on the menu. Three (3) children files were monitored. There are sixteen (16) staff. All staff files were monitored today. 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 four-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 prep year assessment request form was provided to you today during the visit. 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 125 Daily records of arrival and departure times for children enrolled at the center were not maintained as children arrive and depart and/or were not made available for review. One (1) child was not signed in with an arrival time in space #3, the classroom with two and three year old children. One (1) child was not signed in with an arrival time in space #4, the classroom with three through five year old children. 10A NCAC 09 .0302(d)(4) 705 Equipment and furnishings were not sturdy, stable and free of hazards. The spring rocker on outdoor playground space #3 has peeling paint on the handle. There was a metal, rusty trash can in the bathroom of space #3. .0601(c) 861 Prohibited styrofoam and foam rubber products were accessible to children under 3 years of age and/or approved foam products were used without proper supervision. Foam rubber blocks were located in space #3, the classroom with two and three year old children. .0604(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The stationary equipment on outdoor spaces #2 and #3 had rubber mulch that measured less than the required six inches based on the critical height of the equipment (5 feet or less). The areas around the slide exits had less than one inch of rubber mulch. The mulched areas around the fall zone area of the equipment, excluding the slide exits measured as low as two inches. .0605(k)(1-4) Technical assistance for correction plan: Item #125 – One (1) child was not signed in with an arrival time in space #3, the classroom with two and three year old children. One (1) child was not signed in with an arrival time in space #4, the classroom with three through five year old children. Children must be signed in as they arrive and signed out as they depart. We discussed to remind parents to sign their child in and have the teacher sign the child in if the parent does not. The children were signed-in during the visit and this violation has been corrected. 10A NCAC 09 .0302 APPLICATION FOR A LICENSE FOR A CHILD CARE CENTER (d) During the pre-licensing visit the applicant shall have the following available for review pursuant to 10A NCAC 09 .0304(g): (4) daily records of arrival and departure times at the center for each child which shall be maintained as children arrive and depart; 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (g) Each center shall maintain records as described in 10A NCAC 09 .0302(d) and shall make them available to the Division for review. Item #861 – Foam rubber blocks were located in space #3, the classroom with two and three year old children. The foam rubber blocks were removed from the classroom during the visit and this violation has been corrected. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. Item #705 – The spring rocker on outdoor playground space #3 has peeling paint on the handle. There was a metal, rusty trash can in the bathroom of space #3. The spring rocker must be repaired or removed from outdoor playground space #3. If the spring rocker will be repaired, then it must be made inaccessible to children until repairs are completed. We discussed a tarp may be used to cover the equipment to prevent use by children. The metal rusted trash can was removed from space #3 and replaced with a plastic trash can. 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. (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. Item #1867 - The stationary equipment on outdoor spaces #2 and #3 had rubber mulch that measured less than the required six inches based on the critical height of the equipment (5 feet or less). The areas around the slide exits had less than one inch of rubber mulch. The mulched areas around the fall zone area of the equipment, excluding the slide exits measured as low as two inches. All areas within the fall zone of the climbing structures on outdoor spaces #2 and #3 must measure at minimum six inches unless ASTM documentation states otherwise. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 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 3/20/24. 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 (DCDEE) 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. Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four year-old children. The curriculum implemented is Creative Curriculum 4th Edition. 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 – Buncombe Partnership for Children, Inc. – Jenny Vial, 828-582-8219, Jenny@BuncombePFC.org Consultation: Reminder that staff evaluations and staff development plans are due starting in April 2024. Reminder to have the Emergency Information form for staff completed in its entirety. The rated licenses dated 2/2/22 and 7/2/19, from the previous ownership were collected today and will be returned to DCDEE in Raleigh. We discussed that the hallway is generally not used for children due to having drop-off, pick-up, and outdoor play exits directly from the classrooms. There are multiple plastic bags in the hallway with storage. The plastic bags will need to be removed from the hallway. Ms. Scott stated that an on-site storage unit will be delivered soon to allow for additional storage. If this has not occurred by the next temporary time period visit, it will be cited as a violation. Ms. Scott stated that the swings on playground space #1 are not used and are scheduled to be taken down permanently. The swings require the majority of the playground space as a fall zone and there is other portable playground equipment in the swing fall zone. If the swings have not been removed by the next temporary time period visit, it will be cited as a violation. The rubber mulch on playground space #1 is not required if the swings are removed. There is portable equipment that does not require surfacing for licensing. However, surfacing is required for portable equipment for a higher quality environment and would be assessed during an Environment Rating Scale assessment. The ASTM documentation could not be located for the rubber mulch on all three (3) outdoor playground spaces. Due to the ownership change, the current rubber mulch will be accepted as is. Once the facility has new rubber mulch on the outdoor spaces, then the ASTM documentation will be required to be on-site and on file at the facility. There are staff from the other two (2) Christine Avery Learning Center licensed sites that may be onsite at this child care facility. All Christine Avery Learning Center staff that do not regularly work at this site must have a traveling file to meet all applicable child care requirements while on-site. It is recommended to have all Christine Avery Learning Center staff from the other two (2) sites have a permanent file on-site to be sure a file is available for review during any licensing visit and all child care requirements are met. No staff from the other two (2) sites were on-site at this facility today. 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. 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. Documentation of Orientation ensure that each topic area lines are completed the date (month, day, year), training hours, and instructor. 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. 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 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: THE CHRISTINE AVERY LEARNING CENTER - VALLEY Facility ID: 11000948 Consultant: MONICA HOUCK Operation Type: Center Case Number: Visit Date: 3/6/2024 Number Present: 26 Completed Date: 3/6/2024 Age: From 0 To 5 Total Minutes: 325 Time In: 09:05 AM Time Out: 02:30 PM Time In: Time Out: List to Use: Center Type Of Visit: Temp Time Period Announced/Unannounced: Unannounced The purpose of today's unannounced visit was to monitor compliance with applicable child care requirements during the first temporary time period visit. This facility is on a temporary license due to a change of ownership. Cheryl Scott, Administrator, was on-site and available to answer and ask questions. Two (2) Buncombe County Environmental Health Specialists arrived at approximately 12:15pm for a sanitation inspection. Karla Terry, Child Care Consultant, accompanied me on the visit. A computerized generated report of today’s visit was completed and reviewed with you. The printed visit summary was signed and a copy left with you. Currently this center operates with a Temporary License, issued 2/1/24 and is effective through 8/1/24. The restrictions include daytime care only; meets enhanced space; meet enhanced ratios; maximum capacity fifty (50) children; and age range; 0-12 years. The Secretary of State website was reviewed today, and the non-profit company, The Christine Avery Learning Center, Inc., is listed as active-current. If any changes to the organization need to be made to the business, then you must notify your consultant at least thirty (30) days prior to any changes occurring. The license cannot be bought, sold, subleased, transferred to another person or location or inherited. During this first Temporary Time Period visit, classrooms were monitored as well as the playground, materials, equipment and required posted items for meeting all minimum licensing requirements. The last monthly fire drill was practiced 2/26/24. The last lockdown drill was practiced 1/29/24. The last monthly playground inspection was documented in February 2024. A sanitation inspection was completed today. An approved fire inspection was completed on 2/6/24 and collected during the visit today. 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 have been submitted and reviewed. The personnel policies were missing two (2) topics. The administrative, operational, and personnel 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 6/1/24. Cheryl Scott, Administrator, completed EPR training on 9/22/15. The emergency medical care (EMC) plan was posted. The incident log was in use. The children were observed during free play, small group activities, routine care, and lunch. The children were served chicken, noodles, pineapple, broccoli, and milk for lunch as listed on the menu. Three (3) children files were monitored. There are sixteen (16) staff. All staff files were monitored today. 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 four-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 prep year assessment request form was provided to you today during the visit. 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 125 Daily records of arrival and departure times for children enrolled at the center were not maintained as children arrive and depart and/or were not made available for review. One (1) child was not signed in with an arrival time in space #3, the classroom with two and three year old children. One (1) child was not signed in with an arrival time in space #4, the classroom with three through five year old children. 10A NCAC 09 .0302(d)(4) 705 Equipment and furnishings were not sturdy, stable and free of hazards. The spring rocker on outdoor playground space #3 has peeling paint on the handle. There was a metal, rusty trash can in the bathroom of space #3. .0601(c) 861 Prohibited styrofoam and foam rubber products were accessible to children under 3 years of age and/or approved foam products were used without proper supervision. Foam rubber blocks were located in space #3, the classroom with two and three year old children. .0604(q) 1867 The depth of the loose surfacing was not based on critical height of the equipment. The stationary equipment on outdoor spaces #2 and #3 had rubber mulch that measured less than the required six inches based on the critical height of the equipment (5 feet or less). The areas around the slide exits had less than one inch of rubber mulch. The mulched areas around the fall zone area of the equipment, excluding the slide exits measured as low as two inches. .0605(k)(1-4) Technical assistance for correction plan: Item #125 – One (1) child was not signed in with an arrival time in space #3, the classroom with two and three year old children. One (1) child was not signed in with an arrival time in space #4, the classroom with three through five year old children. Children must be signed in as they arrive and signed out as they depart. We discussed to remind parents to sign their child in and have the teacher sign the child in if the parent does not. The children were signed-in during the visit and this violation has been corrected. 10A NCAC 09 .0302 APPLICATION FOR A LICENSE FOR A CHILD CARE CENTER (d) During the pre-licensing visit the applicant shall have the following available for review pursuant to 10A NCAC 09 .0304(g): (4) daily records of arrival and departure times at the center for each child which shall be maintained as children arrive and depart; 10A NCAC 09 .0304 ON-GOING REQUIREMENTS FOR A LICENSE (g) Each center shall maintain records as described in 10A NCAC 09 .0302(d) and shall make them available to the Division for review. Item #861 – Foam rubber blocks were located in space #3, the classroom with two and three year old children. The foam rubber blocks were removed from the classroom during the visit and this violation has been corrected. 10A NCAC 09 .0604 SAFETY REQUIREMENTS FOR CHILD CARE CENTERS (q) Plastic bags, toys, toy parts small enough to be swallowed, and materials that can be torn apart, such as foam rubber and styrofoam, shall not be accessible to children under three years of age. However, styrofoam plates and larger pieces of foam rubber may be used for supervised art activities and styrofoam plates may be used for food service. Jump ropes and rubber bands shall not be accessible to children under five years of age without adult supervision. Balloons shall be prohibited for children of all ages. Item #705 – The spring rocker on outdoor playground space #3 has peeling paint on the handle. There was a metal, rusty trash can in the bathroom of space #3. The spring rocker must be repaired or removed from outdoor playground space #3. If the spring rocker will be repaired, then it must be made inaccessible to children until repairs are completed. We discussed a tarp may be used to cover the equipment to prevent use by children. The metal rusted trash can was removed from space #3 and replaced with a plastic trash can. 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. (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. Item #1867 - The stationary equipment on outdoor spaces #2 and #3 had rubber mulch that measured less than the required six inches based on the critical height of the equipment (5 feet or less). The areas around the slide exits had less than one inch of rubber mulch. The mulched areas around the fall zone area of the equipment, excluding the slide exits measured as low as two inches. All areas within the fall zone of the climbing structures on outdoor spaces #2 and #3 must measure at minimum six inches unless ASTM documentation states otherwise. 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; (2) equipment with a critical height of more than 5 feet, but less than 7 feet, shall have 6 inches of loose surfacing material, except for sand; (3) equipment with a critical height of 7 feet to 10 feet shall have 9 inches of any of the loose surfacing material, except for sand; and (4) when sand is used as a surfacing material for equipment with a critical height of more than 5 feet, 12 inches shall be required. (l) Protective surfacing shall cover the area under and around equipment where a child may fall, referred to as the fall zone. The area for fall zones is as follows: (1) for stationary outdoor equipment used by children under two years of age, the protective surfacing shall extend beyond the external limits of the equipment for a minimum of three feet, except that protective surfacing shall be required at all points of entrance and exit for any structure that has a protective barrier; and (2) for stationary outdoor equipment used by children two years of age or older, the protective surfacing shall extend beyond the external limits of the equipment for six feet; 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 3/20/24. 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 (DCDEE) 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. Staff Education: It is the center operator’s responsibility to make sure each staff person has registered for a WORKS account, submitted an official transcript (if applicable) and applied for a position for evaluation. This should be completed immediately upon hiring or at the latest, by the end of the six-week orientation process. *Note - The facility may choose to use staff education points from the previous ownership. Program Standards: The Initial Application for a Two Component Star Rated License can be found on the Division’s website and the Rated License Request for Review form can be requested if you choose to apply for a two through five-star rated license and have the (ERS) assessment. *Note - The facility may choose to use program standard points from the previous ownership. Quality Point: A quality point has not been determined. *Note - The facility may choose to use the quality point from the previous ownership. Curriculum: All four and five star rated license facilities must implement an approved curriculum with four year-old children. The curriculum implemented is Creative Curriculum 4th Edition. 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 – Buncombe Partnership for Children, Inc. – Jenny Vial, 828-582-8219, Jenny@BuncombePFC.org Consultation: Reminder that staff evaluations and staff development plans are due starting in April 2024. Reminder to have the Emergency Information form for staff completed in its entirety. The rated licenses dated 2/2/22 and 7/2/19, from the previous ownership were collected today and will be returned to DCDEE in Raleigh. We discussed that the hallway is generally not used for children due to having drop-off, pick-up, and outdoor play exits directly from the classrooms. There are multiple plastic bags in the hallway with storage. The plastic bags will need to be removed from the hallway. Ms. Scott stated that an on-site storage unit will be delivered soon to allow for additional storage. If this has not occurred by the next temporary time period visit, it will be cited as a violation. Ms. Scott stated that the swings on playground space #1 are not used and are scheduled to be taken down permanently. The swings require the majority of the playground space as a fall zone and there is other portable playground equipment in the swing fall zone. If the swings have not been removed by the next temporary time period visit, it will be cited as a violation. The rubber mulch on playground space #1 is not required if the swings are removed. There is portable equipment that does not require surfacing for licensing. However, surfacing is required for portable equipment for a higher quality environment and would be assessed during an Environment Rating Scale assessment. The ASTM documentation could not be located for the rubber mulch on all three (3) outdoor playground spaces. Due to the ownership change, the current rubber mulch will be accepted as is. Once the facility has new rubber mulch on the outdoor spaces, then the ASTM documentation will be required to be on-site and on file at the facility. There are staff from the other two (2) Christine Avery Learning Center licensed sites that may be onsite at this child care facility. All Christine Avery Learning Center staff that do not regularly work at this site must have a traveling file to meet all applicable child care requirements while on-site. It is recommended to have all Christine Avery Learning Center staff from the other two (2) sites have a permanent file on-site to be sure a file is available for review during any licensing visit and all child care requirements are met. No staff from the other two (2) sites were on-site at this facility today. 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. 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. Documentation of Orientation ensure that each topic area lines are completed the date (month, day, year), training hours, and instructor. 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. 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 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
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