AN ACT to provide flexibility in child care settings by allowing an increase in maximum group sizes for infants and toddlers and aligning the licensing rule regarding nap time supervision for one‑year olds with the rule for two‑year olds.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 110‑91(7)a. reads as rewritten:

a.        The Commission shall adopt rules for child care centers regarding staff‑child ratios, group sizes and multi‑age groupings other than for infants and toddlers, provided that these rules shall be no less stringent than those currently required for staff‑child ratios as enacted in Section 156(e) of Chapter 757 of the 1985 Session Laws.

1.         Except as otherwise provided in this subdivision, the minimum staff‑child ratios and group sizes for infants and toddlers in child care centers shall be no less stringent than as follows:

Age                    Ratio Staff/Children                  Group Size

0 to 12 months                          1/5                                  1015

12 to 24 months                        1/6                                  1218

2 to 3 years                               1/10                                20.

No child care center shall care for more than 25 children in one group. Child care centers providing care for 26 or more children shall provide for two or more groups according to the ages of children and shall provide separate supervisory personnel and separate identifiable space for each group.

1a.       If a child care center is operating under voluntary enhanced requirements, the maximum group size for toddlers aged two to three years may be increased from 18 to 20 children when the child care center maintains a 1/9 staff‑child ratio.

1b.       If a child care center is operating under the highest voluntary enhanced requirements, the child care center may use the following maximum group sizes for infants and toddlers when the child care center maintains staff‑child ratios as provided herein:

Age                    Ratio Staff/Children                  Group Size

0 to 12 months                          1/4                                  12

12 to 24 months                        1/5                                  15

2 to 3 years                               1/8                                  20.

1c.       For groups of children one year of age or older, the staff/child ratio during nap time shall comply with the requirements of rules adopted by the Commission if (i) at least one person remains in the room, (ii) all children are visible to that person, and (iii) the total number of required staff are on the premises and within calling distance of the rooms occupied by children.

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SECTION 2.  This act is effective when it becomes law.