§ 110-86. Definitions.
§ 110‑86. Definitions.
Unless the context or subject matter otherwise requires, the terms orphrases used in this Article shall be defined as follows:
(1) Commission. The Child Care Commission created under thisArticle.
(2) Child care. A program or arrangement where three or morechildren less than 13 years old, who do not reside where the care is provided,receive care on a regular basis of at least once per week for more than fourhours but less than 24 hours per day from persons other than their guardians orfull‑time custodians, or from persons not related to them by birth,marriage, or adoption. Child care does not include the following:
a. Arrangements operated in the home of any child receivingcare if all of the children in care are related to each other and no more thantwo additional children are in care;
b. Recreational programs operated for less than fourconsecutive months in a year;
c. Specialized activities or instruction such as athletics,dance, art, music lessons, horseback riding, gymnastics, or organized clubs forchildren, such as Boy Scouts, Girl Scouts, 4‑H groups, or boys and girlsclubs;
d. Drop‑in or short‑term care provided whileparents participate in activities that are not employment related and where theparents are on the premises or otherwise easily accessible, such as drop‑inor short‑term care provided in health spas, bowling alleys, shoppingmalls, resort hotels, or churches;
d1. Drop‑in or short‑term care provided by anemployer for its part‑time employees where (i) the child is provided carenot to exceed two and one‑half hours during that day, (ii) the parentsare on the premises, and (iii) there are no more than 25 children in any onegroup in any one room;
e. Public schools;
f. Nonpublic schools described in Part 2 of Article 39 ofChapter 115C of the General Statutes that are accredited by the SouthernAssociation of Colleges and Schools and that operate a child care facility asdefined in subdivision (3) of this section for less than six and one‑halfhours per day either on or off the school site;
g. Bible schools conducted during vacation periods;
h. Care provided by facilities licensed under Article 2 ofChapter 122C of the General Statutes;
i. Cooperative arrangements among parents to provide care fortheir own children as a convenience rather than for employment; and
j. Any child care program or arrangement consisting of two ormore separate components, each of which operates for four hours or less per daywith different children attending each component.
(2a) Child care administrator. A person who is responsible forthe operation of a child care facility and is on‑site on a regular basis.
(3) Child care facility. Includes child care centers, familychild care homes, and any other child care arrangement not excluded by G.S. 110‑86(2),that provides child care, regardless of the time of day, wherever operated, andwhether or not operated for profit.
a. A child care center is an arrangement where, at any onetime, there are three or more preschool‑age children or nine or moreschool‑age children receiving child care.
b. A family child care home is a child care arrangement locatedin a residence where, at any one time, more than two children, but less thannine children, receive child care.
(4) Repealed by Session Laws 1997‑506, s. 3.
(4a) Department. Department of Health and Human Services.
(5) Repealed by Session Laws 1975, c. 879, s. 15.
(5a) Lead teacher. An individual who is responsible for planningand implementing the daily program of activities for a group of children in achild care facility.
(6) License. A permit issued by the Secretary to any childcare facility which meets the statutory standards established under thisArticle.
(7) Operator. Includes the owner, director or other personhaving primary responsibility for operation of a child care facility subject tolicensing.
(8) Secretary. The Secretary of the Department of Health andHuman Services. (1971, c. 803, s. 1; 1975,c. 879, s. 15; 1977, c. 4, ss. 1‑3; 1983, c. 46, s. 1; c. 297, ss. 1, 2;1983 (Reg. Sess., 1984), c. 1034, s. 78; 1985, c. 589, s. 36; c. 757, s.155(c); 1987, c. 788, s. 2; 1989, c. 234; 1991, c. 273, s. 1; 1991 (Reg. Sess.,1992), c. 904, ss. 1, 2; c. 1024, s. 1; c. 1030, s. 51.12; 1997‑443, ss.11A.118(a), 11A.122; 1997‑506, s. 3; 2005‑416, s. 1.)