North Carolina 2025-2026 Regular Session

North Carolina House Bill H412 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 3
	3	+	H 2
4	4		HOUSE BILL 412
5	5		Committee Substitute Favorable 4/8/25
6		-	Third Edition Engrossed 4/15/25
7	6
8	7		Short Title: Child Care Regulatory Reforms. (Public)
9	8		Sponsors:
10	9		Referred to:
11	10		March 18, 2025
12		-	H412 -v-3
	11	+	H412 -v-2
13	12		A BILL TO BE ENTITLED 1
14	13		AN ACT TO DECOUPLE T HE CHILD CARE RATED LICENSE SYSTEM AND 2
15	14		SUBSIDIZED CHILD CARE SUBSIDY REIMBURSEM ENT RATES AND TO MAK E 3
16	15		OTHER CHILD CARE REGULATORY REFORMS. 4
17	16		The General Assembly of North Carolina enacts: 5
18	17		6
19	18		PART I. DECOUPLE RATED LICENSE AND SUBSIDIZED CHILD CARE 7
20	19		SECTION 1.(a) The General Assembly recognizes the need to balance maintaining 8
21	20		critical health, safety, and welfare standards for child care, as well as a well-established rating 9
22	21		system used for informational purposes, with the need to move toward maximizing State funds 10
23	22		for child care and increasing the supply of child care from State-funded sources. The General 11
24	23		Assembly further recognizes the importance of weighing the need to decrease the cost of child 12
25	24		care through deregulatory actions and at the same time maintain child care subsidy 13
26	25		reimbursement rates. The purpose of this provision, in part, is to encourage the business 14
27	26		community to partner with the State in achieving this goal. 15
28	27		SECTION 1.(b) To that end, by May 1, 2026, the Department of Health and Human 16
29	28		Services, Division of Child Development and Early Education (Division), shall develop a 17
30	29		proposed plan to separate the quality rating improvement system (QRIS) from the requirements 18
31	30		and payments for participation in the State-subsidized child care program using the market rate 19
32	31		study required by Section 1(c) of this act and make recommendations on implementation of the 20
33	32		plan while meeting the federal Child Care and Development Fund requirements. The Division 21
34	33		shall submit the proposed plan to the chairs of the House and Senate Appropriations Committees, 22
35	34		the chairs of the House and Senate Appropriations Committees on Health and Human Services, 23
36	35		the Joint Legislative Oversight Committee on Health and Human Services, and the Fiscal 24
37	36		Research Division by May 1, 2026. The current plan will stay in full force and effect until such 25
38	37		time as the General Assembly first approves and adopts the proposed plan and any amendments 26
39	38		to that plan and then the federal government approves the proposed plan and any amendments. 27
40	39		SECTION 1.(c) The Division shall complete a new market rate study by May 1, 28
41	40		2026. This market rate study shall be made available to the public by May 1, 2026. The Division 29
42	41		shall ensure that the market rate study includes potential rates that are not segmented by 30
43	42		star-rating and new market rates for the QRIS system. The Division shall not implement new 31
44	43		reimbursement rates unless approved by the federal Administration of Children and Families and 32
45	44		authorized to do so by the General Assembly. 33
46	45		SECTION 1.(d) Nothing in this section shall be construed as impacting the 34
47		-	star-rating requirements for the NC Prekindergarten (NC Pre-K) program. 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 412-Third Edition
49		-	1
50		-	PART II. REGULATORY CHANGES 2
51		-	SECTION 2. G.S. 110-86(5a) reads as rewritten: 3
52		-	"(5a) Lead teacher. – An individual who is responsible for planning and 4
53		-	implementing the daily program of activities for a group no more than two 5
54		-	groups of children in a child care facility." 6
55		-	SECTION 5.(a) G.S. 110-91 reads as rewritten: 7
56		-	"§ 110-91. Mandatory standards for a license. 8
57		-	All child care facilities shall comply with all State laws and federal laws and local ordinances 9
58		-	that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the 10
59		-	standards in this section shall be complied with by all child care facilities. However, none 11
60		-	Notwithstanding any provision of law or rule to the contrary, any building and grounds which 12
61		-	are currently approved for school occupancy and which house a public or private elementary or 13
62		-	middle school shall be deemed to have met the space and equipment, sanitation, fire, and building 14
63		-	code requirements for a licensed child care facility when the building and grounds are serving 15
64		-	the same, or a subset of the same, school-age children in an out-of-school child care program. 16
65		-	None of the standards in this section apply to the school-age children of the operator of a child 17
66		-	care facility but do apply to the preschool-age children of the operator. Children 13 years of age 18
67		-	or older may receive child care on a voluntary basis provided all applicable required standards 19
68		-	are met. The standards in this section, along with any other applicable State laws and federal laws 20
69		-	or local ordinances, shall be the required standards for the issuance of a license by the Secretary 21
70		-	under the policies and procedures of the Commission except that the Commission may, in its 22
71		-	discretion, adopt less stringent standards for the licensing of facilities which provide care on a 23
72		-	temporary, part-time, drop-in, seasonal, after-school or other than a full-time basis. 24
73		-	… 25
74		-	(6) Space and Equipment Requirements. – There shall be no less than 25 square 26
75		-	feet of indoor space for each child for which a child care center is licensed, 27
76		-	exclusive of closets, passageways, kitchens, and bathrooms, and this floor 28
77		-	space shall provide during rest periods 200 cubic feet of airspace per child for 29
78		-	which the center is licensed. There shall be adequate outdoor play area for 30
79		-	each child under rules adopted by the Commission which shall be related to 31
80		-	the size of center and the availability and location of outside land area. In no 32
81		-	event shall the minimum required exceed 75 square feet per child. The outdoor 33
82		-	area shall be protected to assure the safety of the children receiving child care 34
83		-	by an adequate fence or other protection. A center operated in a public school 35
84		-	shall be deemed to have adequate fencing protection. A center operating 36
85		-	exclusively during the evening and early morning hours, between 6:00 P.M. 37
86		-	and 6:00 A.M., need not meet the outdoor play area requirements mandated 38
87		-	by this subdivision. 39
88		-	Each child care facility shall provide indoor area equipment and 40
89		-	furnishings that are child size, sturdy, safe, and in good repair. Each child care 41
90		-	facility that provides outdoor area equipment and furnishings shall provide 42
91		-	outdoor area equipment and furnishings that are child size, sturdy, free of 43
92		-	hazards that pose a threat of serious injury to children while engaged in normal 44
93		-	play activities, and in good repair. The Commission shall adopt standards to 45
94		-	establish minimum requirements for equipment appropriate for the size of 46
95		-	child care facility. Space shall be available for proper storage of beds, cribs, 47
96		-	mats, cots, sleeping garments, and linens as well as designated space for each 48
97		-	child's personal belongings. 49
98		-	The Division of Child Development of the Department of Health and 50
99		-	Human Services shall establish and implement a policy that defines any 51 General Assembly Of North Carolina Session 2025
100		-	House Bill 412-Third Edition Page 3
101		-	building which is currently approved for school occupancy and which houses 1
102		-	a public or private elementary or middle school to include the playgrounds 2
103		-	and athletic fields as part of the school building when that building is used to 3
104		-	serve school-age children in after-school out-of-school child care programs. 4
105		-	Playgrounds and athletic fields referenced in this section that do not meet 5
106		-	licensure standards promulgated by the North Carolina Child Care 6
107		-	Commission shall be noted on the program's licensure and rating information. 7
108		-	…." 8
109		-	SECTION 5.(b) The Child Care Commission shall adopt or amend any rules to 9
110		-	ensure uniformity and consistency in application of the exemptions for school-age children in 10
111		-	out-of-school child care programs as provided in this section. 11
112		-	SECTION 6. G.S. 110-91(7)a. reads as rewritten: 12
113		-	"a. The Commission shall adopt rules for child care centers regarding 13
114		-	staff-child ratios, group sizes and multi-age groupings other than for 14
115		-	infants and toddlers, provided that these rules shall be no less stringent 15
116		-	than those currently required for staff-child ratios as enacted in Section 16
117		-	156(e) of Chapter 757 of the 1985 Session Laws. Each lead teacher 17
118		-	shall support no more than two groups. 18
119		-	1. Except as otherwise provided in this subdivision, the 19
120		-	staff-child ratios and group sizes for infants and toddlers in 20
121		-	child care centers shall be no more than as follows: 21
122		-	Age Ratio Staff/Children Group Size 22
123		-	0 to 12 months 1/5 1015 23
124		-	12 to 24 months 1/6 1218 24
125		-	2 to 3 years 1/10 20. 25
126		-	No child care center shall care for more than 25 children in one 26
127		-	group. Child care centers providing care for 26 or more 27
128		-	children shall provide for two or more groups according to the 28
129		-	ages of children and shall provide separate supervisory 29
130		-	personnel and separate identifiable space for each group. 30
131		-	1a. If a child care center is operating under voluntary enhanced 31
132		-	requirements, the maximum group size for toddlers aged 2 to 32
133		-	3 years may be increased from 18 to 20 children when the child 33
134		-	care center maintains a 1/9 staff-child ratio. 34
135		-	1b. If a child care center is operating under the highest voluntary 35
136		-	enhanced requirements, the child care center may use the 36
137		-	following maximum group sizes for infants and toddlers when 37
138		-	the child care center maintains staff-child ratios as provided 38
139		-	herein: 39
140		-	Age Ratio Staff/Children Group Size 40
141		-	0 to 12 months 1/4 12 41
142		-	12 to 24 months 1/5 15 42
143		-	2 to 3 years 1/8 20. 43
144		-	…." 44
145		-	SECTION 7. G.S. 110-91(8) reads as rewritten: 45
146		-	"(8) Qualifications for Staff. – Qualifications for child care staff are as follows: 46
147		-	a. All child care center administrators shall be at least 21 years of age. 47
148		-	All child care center administrators shall have the North Carolina 48
149		-	Early Childhood Administration Credential or its equivalent as 49
150		-	determined by the Department. All child care administrators 50
151		-	performing administrative duties as of the date this act becomes law 51 General Assembly Of North Carolina Session 2025
152		-	Page 4 House Bill 412-Third Edition
153		-	and child care administrators who assume administrative duties at any 1
154		-	time after this act becomes law and until September 1, 1998, shall 2
155		-	obtain the required credential by September 1, 2000. Child care 3
156		-	administrators who assume administrative duties after September 1, 4
157		-	1998, shall begin working toward the completion of the North Carolina 5
158		-	Early Childhood Administration Credential or its equivalent within six 6
159		-	months after assuming administrative duties and shall complete the 7
160		-	credential or its equivalent within two years after beginning work to 8
161		-	complete the credential. Each child care center shall be under the 9
162		-	direction or supervision of a person meeting these requirements. All 10
163		-	staff counted toward meeting the required staff-child ratio shall be at 11
164		-	least 16 years of age, provided that persons younger than 18 years of 12
165		-	age work under the direct supervision of a credentialed staff person 13
166		-	who is at least 21 years of age. 14
167		-	b. All lead teachers in a child care center shall have at least a North 15
168		-	Carolina Early Childhood Credential or its equivalent as determined 16
169		-	by the Department. Lead teachers shall either (i) be enrolled in the 17
170		-	North Carolina Early Childhood Credential coursework or its 18
171		-	equivalent as determined by the Department within six months after 19
172		-	becoming employed as a lead teacher or within six months after this 20
173		-	act becomes law, whichever is later, and shall complete the credential 21
174		-	or its equivalent within 18 months after enrollment.enrollment or (ii) 22
175		-	have a minimum of five years of documented experience teaching in a 23
176		-	licensed child care facility in this State which shall be deemed 24
177		-	equivalent to the North Carolina Early Childhood Credential. 25
178		-	c. Only administrators and lead teachers in licensed child care centers are 26
179		-	required to have a North Carolina Early Childhood Credential or its 27
180		-	equivalent as determined by the Department. All other staff shall meet 28
181		-	the standards established by the Commission for their positions that do 29
182		-	not include a North Carolina Early Childhood Credential or its 30
183		-	equivalent as determined by the Department. 31
184		-	d. For child care centers licensed to care for 200 or more children, the 32
185		-	Department, in collaboration with the North Carolina Institute for 33
186		-	Early Childhood Professional Development, shall establish categories 34
187		-	to recognize the levels of education achieved by child care center 35
188		-	administrators and teachers who perform administrative functions. 36
189		-	The Department shall use these categories to establish appropriate 37
190		-	staffing based on the size of the center and the individual staff 38
191		-	responsibilities. 39
192		-	e. Effective January 1, 1998, an operator of a licensed family child care 40
193		-	home shall be at least 21 years old and have a high school diploma or 41
194		-	its equivalent. Operators of a family child care home licensed prior to 42
195		-	January 1, 1998, shall be at least 18 years of age and literate. Literate 43
196		-	is defined as understanding licensing requirements and having the 44
197		-	ability to communicate with the family and relevant emergency 45
198		-	personnel. Any operator of a licensed family child care home shall be 46
199		-	the person on-site providing child care. 47
200		-	f. The Commission shall adopt standards to establish appropriate 48
201		-	qualifications for all staff in child care centers. These standards shall 49
202		-	reflect training, experience, education and credentialing and shall be 50
203		-	appropriate for the size center and the level of individual staff 51 General Assembly Of North Carolina Session 2025
204		-	House Bill 412-Third Edition Page 5
205		-	responsibilities. It is the intent of this provision to guarantee that all 1
206		-	children in child care are cared for by qualified people. Pursuant to 2
207		-	G.S. 110-106, no requirements may interfere with the teachings or 3
208		-	doctrine of any established religious organization. The staff 4
209		-	qualification requirements of this subdivision do not apply to 5
210		-	religious-sponsored child care facilities pursuant to G.S. 110-106." 6
211		-	SECTION 7.5. Caregivers for children aged 0 to 24 months shall meet the Federal 7
212		-	Child Care and Development Block Grant health and safety standards as well as the provisions 8
213		-	contained in the following North Carolina Child Care Commission rules: 9
214		-	(1) 10A NCAC 09 .0511-"Daily Routines for Children Under Two Years of Age". 10
215		-	(2) 10A NCAC 09 .1801-"Supervision in Child Care Centers". 11
216		-	(3) 10A NCAC 09 .1802-"Staff/Child Interactions". 12
217		-	For the care of children aged 0-24 months, child care center operators shall have the 13
218		-	option to either employ a lead teacher or a caregiver meeting the standards set forth in this section. 14
219		-	SECTION 8. Section 8 of S.L. 2024-34 is amended by adding a new subsection to 15
220		-	read: 16
221		-	"SECTION 8.(a1) In modifying the quality rating improvement system (QRIS), the Division 17
222		-	of Child Development and Early Education shall ensure a North Carolina Early Childhood 18
223		-	Credential based on five years of work experience in a licensed child care facility in this State is 19
224		-	treated as equivalent to when that credential is earned through other pathways for purposes of 20
225		-	awarding a star-rating." 21
226		-	SECTION 9. The Weikart Youth Program Quality Assessment ("Weikart Program") 22
227		-	shall be added as an assessment tool for evaluating out-of-school child care programs and 23
228		-	awarding of a star-rating. The Department of Health and Human Services, Division of Child 24
229		-	Development and Early Education, shall complete the necessary crosswalk evaluation of the 25
230		-	Weikart Program and have it available for applicants to use not later than one year after the date 26
231		-	this act becomes law. 27
232		-	SECTION 10. Notwithstanding any other provision of law, rule, or regulation, the 28
233		-	Department of Health and Human Services, Division of Child Development and Early Education 29
234		-	(Division), shall, for courses offered by a community college in the North Carolina Community 30
235		-	Colleges System (NCCCS), assign credit for continuing education courses on the same basis as 31
236		-	curriculum courses designated by NCCCS as equivalent to the continuing education courses for 32
237		-	the purpose of providing any credential offered by the Division. 33
238		-	SECTION 11. The Department of Health and Human Services, Division of Child 34
239		-	Development and Early Education, shall: 35
240		-	(1) Not later than December 1, 2025, and in consultation with the North Carolina 36
241		-	Community Colleges System, create a North Carolina School 37
242		-	Age/Out-of-School Care Credential that aligns with a new curriculum course 38
243		-	and continuing education course entitled "Introduction to School Age Care 39
244		-	and Education." 40
245		-	(2) Award the North Carolina Early Childhood Administration Credential or the 41
246		-	North Carolina Family Child Care Credential to individuals who have 42
247		-	successfully completed continuing education courses that are equivalent to 43
248		-	child care curriculum courses, as determined by the Community Colleges 44
249		-	System. The Community Colleges System shall ensure that the continuing 45
250		-	education courses are comparable to the corresponding curriculum courses in 46
251		-	course descriptions, competencies, and hour requirements and shall state the 47
252		-	credential that is to be awarded for each continuing education course. 48
253		-	SECTION 12.(a) The Commissioner of the Department of Insurance shall establish 49
254		-	a workgroup to examine the potential for developing group liability insurance plan opportunities 50 General Assembly Of North Carolina Session 2025
255		-	Page 6 House Bill 412-Third Edition
256		-	for all child care providers. The workgroup shall consist of representatives from all of the 1
257		-	following: 2
258		-	(1) The Department of Insurance. 3
259		-	(2) The insurance industry. 4
260		-	(3) The child care industry, including foster family homes and out-of-school 5
261		-	providers. 6
262		-	(4) The Department of Health and Human Services, Division of Child 7
263		-	Development and Early Education. 8
264		-	(5) The American Tort Reform Association. 9
265		-	SECTION 12.(b) The workgroup shall develop findings and recommendations 10
266		-	related to at least the following: 11
267		-	(1) Potential methods for creating group liability insurance plan opportunities for 12
268		-	all child care providers. 13
269		-	(2) Reforms that could reduce group liability insurance plan premiums. 14
270		-	(3) Tort reforms that could reduce the liability damages of child care providers. 15
271		-	SECTION 12.(c) By January 1, 2026, the Department of Insurance shall report the 16
272		-	findings and recommendations of the workgroup to the Joint Legislative Oversight Committee 17
273		-	on Health and Human Services, the Joint Legislative Oversight Committee on General 18
274		-	Government, and the Fiscal Research Division. 19
275		-	SECTION 13. The Child Care Commission shall adopt or amend any rules to ensure 20
276		-	uniformity and consistency in application of the provisions of this act. 21
277		-	22
278		-	PART III. EFFECTIVE DATE 23
279		-	SECTION 14. This act is effective when it becomes law. 24
	46	+	star-rating requirements for the NC Prekindergarten (NC Pre-K) program. 35
	47	+	36 General Assembly Of North Carolina Session 2025
	48	+	Page 2 House Bill 412-Second Edition
	49	+	PART II. REGULATORY CHANGES 1
	50	+	SECTION 2. G.S. 110-86(5a) reads as rewritten: 2
	51	+	"(5a) Lead teacher. – An individual who is responsible for planning and 3
	52	+	implementing the daily program of activities for a group no more than two 4
	53	+	groups of children in a child care facility." 5
	54	+	SECTION 5.(a) G.S. 110-91 reads as rewritten: 6
	55	+	"§ 110-91. Mandatory standards for a license. 7
	56	+	All child care facilities shall comply with all State laws and federal laws and local ordinances 8
	57	+	that pertain to child health, safety, and welfare. Except as otherwise provided in this Article, the 9
	58	+	standards in this section shall be complied with by all child care facilities. However, none 10
	59	+	Notwithstanding any provision of law or rule to the contrary, any building and grounds which 11
	60	+	are currently approved for school occupancy and which house a public or private elementary or 12
	61	+	middle school shall be deemed to have met the space and equipment, sanitation, fire, and building 13
	62	+	code requirements for a licensed child care facility when the building and grounds are serving 14
	63	+	the same, or a subset of the same, school-age children in an out-of-school child care program. 15
	64	+	None of the standards in this section apply to the school-age children of the operator of a child 16
	65	+	care facility but do apply to the preschool-age children of the operator. Children 13 years of age 17
	66	+	or older may receive child care on a voluntary basis provided all applicable required standards 18
	67	+	are met. The standards in this section, along with any other applicable State laws and federal laws 19
	68	+	or local ordinances, shall be the required standards for the issuance of a license by the Secretary 20
	69	+	under the policies and procedures of the Commission except that the Commission may, in its 21
	70	+	discretion, adopt less stringent standards for the licensing of facilities which provide care on a 22
	71	+	temporary, part-time, drop-in, seasonal, after-school or other than a full-time basis. 23
	72	+	… 24
	73	+	(6) Space and Equipment Requirements. – There shall be no less than 25 square 25
	74	+	feet of indoor space for each child for which a child care center is licensed, 26
	75	+	exclusive of closets, passageways, kitchens, and bathrooms, and this floor 27
	76	+	space shall provide during rest periods 200 cubic feet of airspace per child for 28
	77	+	which the center is licensed. There shall be adequate outdoor play area for 29
	78	+	each child under rules adopted by the Commission which shall be related to 30
	79	+	the size of center and the availability and location of outside land area. In no 31
	80	+	event shall the minimum required exceed 75 square feet per child. The outdoor 32
	81	+	area shall be protected to assure the safety of the children receiving child care 33
	82	+	by an adequate fence or other protection. A center operated in a public school 34
	83	+	shall be deemed to have adequate fencing protection. A center operating 35
	84	+	exclusively during the evening and early morning hours, between 6:00 P.M. 36
	85	+	and 6:00 A.M., need not meet the outdoor play area requirements mandated 37
	86	+	by this subdivision. 38
	87	+	Each child care facility shall provide indoor area equipment and 39
	88	+	furnishings that are child size, sturdy, safe, and in good repair. Each child care 40
	89	+	facility that provides outdoor area equipment and furnishings shall provide 41
	90	+	outdoor area equipment and furnishings that are child size, sturdy, free of 42
	91	+	hazards that pose a threat of serious injury to children while engaged in normal 43
	92	+	play activities, and in good repair. The Commission shall adopt standards to 44
	93	+	establish minimum requirements for equipment appropriate for the size of 45
	94	+	child care facility. Space shall be available for proper storage of beds, cribs, 46
	95	+	mats, cots, sleeping garments, and linens as well as designated space for each 47
	96	+	child's personal belongings. 48
	97	+	The Division of Child Development of the Department of Health and 49
	98	+	Human Services shall establish and implement a policy that defines any 50
	99	+	building which is currently approved for school occupancy and which houses 51 General Assembly Of North Carolina Session 2025
	100	+	House Bill 412-Second Edition Page 3
	101	+	a public or private elementary or middle school to include the playgrounds 1
	102	+	and athletic fields as part of the school building when that building is used to 2
	103	+	serve school-age children in after-school out-of-school child care programs. 3
	104	+	Playgrounds and athletic fields referenced in this section that do not meet 4
	105	+	licensure standards promulgated by the North Carolina Child Care 5
	106	+	Commission shall be noted on the program's licensure and rating information. 6
	107	+	…." 7
	108	+	SECTION 5.(b) The Child Care Commission shall adopt or amend any rules to 8
	109	+	ensure uniformity and consistency in application of the exemptions for school-age children in 9
	110	+	out-of-school child care programs as provided in this section. 10
	111	+	SECTION 6. G.S. 110-91(7)a. reads as rewritten: 11
	112	+	"a. The Commission shall adopt rules for child care centers regarding 12
	113	+	staff-child ratios, group sizes and multi-age groupings other than for 13
	114	+	infants and toddlers, provided that these rules shall be no less stringent 14
	115	+	than those currently required for staff-child ratios as enacted in Section 15
	116	+	156(e) of Chapter 757 of the 1985 Session Laws. Each lead teacher 16
	117	+	shall support no more than two groups. 17
	118	+	1. Except as otherwise provided in this subdivision, the 18
	119	+	staff-child ratios and group sizes for infants and toddlers in 19
	120	+	child care centers shall be no more than as follows: 20
	121	+	Age Ratio Staff/Children Group Size 21
	122	+	0 to 12 months 1/5 1015 22
	123	+	12 to 24 months 1/6 1218 23
	124	+	2 to 3 years 1/10 20. 24
	125	+	No child care center shall care for more than 25 children in one 25
	126	+	group. Child care centers providing care for 26 or more 26
	127	+	children shall provide for two or more groups according to the 27
	128	+	ages of children and shall provide separate supervisory 28
	129	+	personnel and separate identifiable space for each group. 29
	130	+	1a. If a child care center is operating under voluntary enhanced 30
	131	+	requirements, the maximum group size for toddlers aged 2 to 31
	132	+	3 years may be increased from 18 to 20 children when the child 32
	133	+	care center maintains a 1/9 staff-child ratio. 33
	134	+	1b. If a child care center is operating under the highest voluntary 34
	135	+	enhanced requirements, the child care center may use the 35
	136	+	following maximum group sizes for infants and toddlers when 36
	137	+	the child care center maintains staff-child ratios as provided 37
	138	+	herein: 38
	139	+	Age Ratio Staff/Children Group Size 39
	140	+	0 to 12 months 1/4 12 40
	141	+	12 to 24 months 1/5 15 41
	142	+	2 to 3 years 1/8 20. 42
	143	+	1c. A child care center director can assign a floater to relieve one 43
	144	+	teacher at a time for 0- to 24-month old age groups provided 44
	145	+	the floater meets the federal requirements to care for infants or 45
	146	+	holds an Early Education credential or higher educational 46
	147	+	level. 47
	148	+	…." 48
	149	+	SECTION 7.(a) G.S. 110-91(8) reads as rewritten: 49
	150	+	"(8) Qualifications for Staff. – Qualifications for child care staff are as follows: 50 General Assembly Of North Carolina Session 2025
	151	+	Page 4 House Bill 412-Second Edition
	152	+	a. All child care center administrators shall be at least 21 years of age. 1
	153	+	All child care center administrators shall have the North Carolina 2
	154	+	Early Childhood Administration Credential or its equivalent as 3
	155	+	determined by the Department. All child care administrators 4
	156	+	performing administrative duties as of the date this act becomes law 5
	157	+	and child care administrators who assume administrative duties at any 6
	158	+	time after this act becomes law and until September 1, 1998, shall 7
	159	+	obtain the required credential by September 1, 2000. Child care 8
	160	+	administrators who assume administrative duties after September 1, 9
	161	+	1998, shall begin working toward the completion of the North Carolina 10
	162	+	Early Childhood Administration Credential or its equivalent within six 11
	163	+	months after assuming administrative duties and shall complete the 12
	164	+	credential or its equivalent within two years after beginning work to 13
	165	+	complete the credential. Each child care center shall be under the 14
	166	+	direction or supervision of a person meeting these requirements. All 15
	167	+	staff counted toward meeting the required staff-child ratio shall be at 16
	168	+	least 16 years of age, provided that persons younger than 18 years of 17
	169	+	age work under the direct supervision of a credentialed staff person 18
	170	+	who is at least 21 years of age. 19
	171	+	b. All lead teachers in a child care center shall have at least a North 20
	172	+	Carolina Early Childhood Credential or its equivalent as determined 21
	173	+	by the Department. Lead teachers shall either (i) be enrolled in the 22
	174	+	North Carolina Early Childhood Credential coursework or its 23
	175	+	equivalent as determined by the Department within six months after 24
	176	+	becoming employed as a lead teacher or within six months after this 25
	177	+	act becomes law, whichever is later, and shall complete the credential 26
	178	+	or its equivalent within 18 months after enrollment.enrollment or (ii) 27
	179	+	have a minimum of five years of documented experience teaching in a 28
	180	+	licensed child care facility in this State which shall be deemed 29
	181	+	equivalent to the North Carolina Early Childhood Credential. 30
	182	+	c. Only administrators and lead teachers in licensed child care centers are 31
	183	+	required to have a North Carolina Early Childhood Credential or its 32
	184	+	equivalent as determined by the Department. All other staff shall meet 33
	185	+	the standards established by the Commission for their positions that do 34
	186	+	not include a North Carolina Early Childhood Credential or its 35
	187	+	equivalent as determined by the Department. 36
	188	+	d. For child care centers licensed to care for 200 or more children, the 37
	189	+	Department, in collaboration with the North Carolina Institute for 38
	190	+	Early Childhood Professional Development, shall establish categories 39
	191	+	to recognize the levels of education achieved by child care center 40
	192	+	administrators and teachers who perform administrative functions. 41
	193	+	The Department shall use these categories to establish appropriate 42
	194	+	staffing based on the size of the center and the individual staff 43
	195	+	responsibilities. 44
	196	+	e. Effective January 1, 1998, an operator of a licensed family child care 45
	197	+	home shall be at least 21 years old and have a high school diploma or 46
	198	+	its equivalent. Operators of a family child care home licensed prior to 47
	199	+	January 1, 1998, shall be at least 18 years of age and literate. Literate 48
	200	+	is defined as understanding licensing requirements and having the 49
	201	+	ability to communicate with the family and relevant emergency 50 General Assembly Of North Carolina Session 2025
	202	+	House Bill 412-Second Edition Page 5
	203	+	personnel. Any operator of a licensed family child care home shall be 1
	204	+	the person on-site providing child care. 2
	205	+	f. The Commission shall adopt standards to establish appropriate 3
	206	+	qualifications for all staff in child care centers. These standards shall 4
	207	+	reflect training, experience, education and credentialing and shall be 5
	208	+	appropriate for the size center and the level of individual staff 6
	209	+	responsibilities. It is the intent of this provision to guarantee that all 7
	210	+	children in child care are cared for by qualified people. Pursuant to 8
	211	+	G.S. 110-106, no requirements may interfere with the teachings or 9
	212	+	doctrine of any established religious organization. The staff 10
	213	+	qualification requirements of this subdivision do not apply to 11
	214	+	religious-sponsored child care facilities pursuant to G.S. 110-106." 12
	215	+	SECTION 7.(b) Recognizing the need to maintain critical health, safety, and welfare 13
	216	+	standards for child care and that the main determinants of quality in child care are positive 14
	217	+	adult-child interactions and an environment free of toxic stress and adverse childhood 15
	218	+	experiences, the Child Care Commission shall develop standards for infant and toddler care 16
	219	+	provider staff in licensed child care facilities caring for infants and toddlers from birth to 24 17
	220	+	months old which provides infant and toddler care provider staff the option to either (i) meet all 18
	221	+	of the federal health and safety requirements tied to the Child Care and Development Block Grant 19
	222	+	(CCDBG) funding, including CPR and SIDS training and age-appropriate health and safety 20
	223	+	training requirements set by the North Carolina Child Care Commission, or (ii) hold an Early 21
	224	+	Childhood credential. 22
	225	+	SECTION 8. Section 8 of S.L. 2024-34 is amended by adding a new subsection to 23
	226	+	read: 24
	227	+	"SECTION 8.(a1) In modifying the quality rating improvement system (QRIS), the Division 25
	228	+	of Child Development and Early Education shall ensure a North Carolina Early Childhood 26
	229	+	Credential based on five years of work experience in a licensed child care facility in this State is 27
	230	+	treated as equivalent to when that credential is earned through other pathways for purposes of 28
	231	+	awarding a star-rating." 29
	232	+	SECTION 9. The Weikart Youth Program Quality Assessment ("Weikart Program") 30
	233	+	shall be added as an assessment tool for evaluating out-of-school child care programs and 31
	234	+	awarding of a star-rating. The Department of Health and Human Services, Division of Child 32
	235	+	Development and Early Education, shall complete the necessary crosswalk evaluation of the 33
	236	+	Weikart Program and have it available for applicants to use not later than one year after the date 34
	237	+	this act becomes law. 35
	238	+	SECTION 10. Notwithstanding any other provision of law, rule, or regulation, the 36
	239	+	Department of Health and Human Services, Division of Child Development and Early Education 37
	240	+	(Division), shall, for courses offered by a community college in the North Carolina Community 38
	241	+	Colleges System (NCCCS), assign credit for continuing education courses on the same basis as 39
	242	+	curriculum courses designated by NCCCS as equivalent to the continuing education courses for 40
	243	+	the purpose of providing any credential offered by the Division. 41
	244	+	SECTION 11. The Department of Health and Human Services, Division of Child 42
	245	+	Development and Early Education, shall: 43
	246	+	(1) Not later than December 1, 2025, and in consultation with the North Carolina 44
	247	+	Community Colleges System, create a North Carolina School 45
	248	+	Age/Out-of-School Care Credential that aligns with a new curriculum course 46
	249	+	and continuing education course entitled "Introduction to School Age Care 47
	250	+	and Education." 48
	251	+	(2) Award the North Carolina Early Childhood Administration Credential or the 49
	252	+	North Carolina Family Child Care Credential to individuals who have 50
	253	+	successfully completed continuing education courses that are equivalent to 51 General Assembly Of North Carolina Session 2025
	254	+	Page 6 House Bill 412-Second Edition
	255	+	child care curriculum courses, as determined by the Community Colleges 1
	256	+	System. The Community Colleges System shall ensure that the continuing 2
	257	+	education courses are comparable to the corresponding curriculum courses in 3
	258	+	course descriptions, competencies, and hour requirements and shall state the 4
	259	+	credential that is to be awarded for each continuing education course. 5
	260	+	SECTION 12.(a) The Commissioner of the Department of Insurance shall establish 6
	261	+	a workgroup to examine the potential for developing group liability insurance plan opportunities 7
	262	+	for all child care providers. The workgroup shall consist of representatives from all of the 8
	263	+	following: 9
	264	+	(1) The Department of Insurance. 10
	265	+	(2) The insurance industry. 11
	266	+	(3) The child care industry, including foster family homes and out-of-school 12
	267	+	providers. 13
	268	+	(4) The Department of Health and Human Services, Division of Child 14
	269	+	Development and Early Education. 15
	270	+	(5) The American Tort Reform Association. 16
	271	+	SECTION 12.(b) The workgroup shall develop findings and recommendations 17
	272	+	related to at least the following: 18
	273	+	(1) Potential methods for creating group liability insurance plan opportunities for 19
	274	+	all child care providers. 20
	275	+	(2) Reforms that could reduce group liability insurance plan premiums. 21
	276	+	(3) Tort reforms that could reduce the liability damages of child care providers. 22
	277	+	SECTION 12.(c) By January 1, 2026, the Department of Insurance shall report the 23
	278	+	findings and recommendations of the workgroup to the Joint Legislative Oversight Committee 24
	279	+	on Health and Human Services, the Joint Legislative Oversight Committee on General 25
	280	+	Government, and the Fiscal Research Division. 26
	281	+	SECTION 13. The Child Care Commission shall adopt or amend any rules to ensure 27
	282	+	uniformity and consistency in application of the provisions of this act. 28
	283	+	29
	284	+	PART III. EFFECTIVE DATE 30
	285	+	SECTION 14. This act is effective when it becomes law. 31