Child care violations would carry misdemeanor or possible felony charges

Covered first offenses would carry Class A1 misdemeanor penalties, with possible Class I felony charges under the exceptions below. This covers operators who willfully violate G.S. 110-99(a), a child care law. It also covers willful violations of the child care law while caring for at least three children for more than four hours a day on two consecutive days. Prosecutors could seek felony charges for repeat offenses or any covered violation posing a substantial risk of harm to a child. They would have to consider the circumstances, children placed at risk, prior violations, and prompt action to fix problems. The state child care agency could also use civil or administrative enforcement alongside criminal prosecution or instead of it. The penalties would apply to violations occurring on or after the date the bill becomes law. Earlier offenses would remain under the prior prosecution and punishment rules.

The state would set aside $50,000 for the Department of Health and Human Services and $25,000 for the Administrative Office of the Courts. The health department’s Division of Child Development and Early Education would update enforcement guidance and training. The court office would prepare courts to apply the penalty rules. Both amounts would come from the General Fund as one-time funding. The health department would provide public guidance and coordinate with justice and court officials. The court office would update forms and systems and inform prosecutors and court staff. The bill would take effect when it becomes law.