Licensed child care providers may appeal any action taken by DCD regarding a facilities license or sanction imposed by the LPA. During the approval process, child care providers should be made aware that they may appeal any action taken by the Division regarding a facility’s license or sanction imposed by the LPA by filing a petition (Form H-06 – Standard Petition) and certificate of service with the Office of Administrative Hearings (OAH). This form may be accessed by contacting staff of the Clerk’s Office of the Office of Administrative Hearings by telephone or downloading the form from their web site. (See telephone number and web address below.) The original form and copies must be mailed to OAH with a copy to the agency that is being petitioned (the LPA). The provider may mail or fax the petition; however, if the petition is faxed then the original and copy must be mailed within five (5) days of the faxed petition. The mailing address, fax number and web address for OAH is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, North Carolina 27699-6714
Fax Number: 919-733-3478
Nonlicensed home providers and transportation only providers may appeal a decision made by the LPA regarding the denial or termination of approval to participate in the SCC Program. If a provider wishes to request a local hearing, the provider must contact the county department of social services within 60 calendar days after the date of the action to deny or terminate approval. A local hearing will be scheduled for the provider with an official of the county department of social services. If the provider is dissatisfied with the decision made at that local hearing, the provider may have a state level hearing with an official from the North Carolina Department of Health and Human Services. Additional information regarding how to request an appeal can be found on the back of the Nonlicensed Home Checklist (DCD-0455).
If approval of a nonlicensed provider is denied or terminated because the provider was being investigated and/or substantiated for child abuse or neglect, information regarding the reason for denial or termination may be shared with the provider (perpetrator) by a Child Protective Services (CPS) worker or CPS supervisor, if requested by the provider. The information may be discussed with a provider, but not with the parent, during a hearing process with the provider. If the provider is denied approval for participation in the SCC Program because a member of the household was the perpetrator or is under investigation, the information regarding the household member cannot be shared with the provider. If the provider questions the denial or termination, the provider must be instructed to talk to the other members of the household. If approval of the provider is denied or terminated due to an adult protective services evaluation and/or substantiation confirmation of abuse, or neglect or exploitation of a disabled adult, information regarding the reason for denial or termination may be shared only with the disabled adult or by court order. Confidentiality requirements prohibit the sharing of Adult Protective Services (APS) record information with the perpetrator or the family.
If approval is denied because DCD disqualified the provider based on the criminal records checks, the provider will receive appeal information when DCD sends the notice of disqualification.
For questions or clarification on any of the policy contained in these manuals, please contact your local county office.