NC General Statutes

N.C. Gen. Stat. § 110-104 (2026)

Injunctive relief

✓ current as of July 2026

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The Secretary or the Secretary's designee may seek injunctive relief in the district court of the county in which a child care facility is located against the continuing operation of that child care facility at any time, whether or not any administrative proceedings are pending. The district court may grant injunctive relief, temporary, preliminary, or permanent, when there is any violation of this Article or of the rules promulgated by the Commission or the Commission for Public Health that threatens serious harm to children in the child care facility, or when a final order to deny or revoke a license has been violated, or when a child care facility is operating without a license, or when a child care facility repeatedly violates the provisions of this Article or rules adopted pursuant to it after having been notified of the violation. (1977, c. 4, s. 5; c. 929, s. 3; c. 1011, s. 1; 1985, c. 757, s. 156(hh); 1987, c. 543, s. 7; c. 788, s. 16; c. 827, s. 237; 1997-506, s. 22; 2007-182, s. 2.)

Notes of Decisions

Cited in 2 cases, 1979–1980 · leading case: State v. Fayetteville Street Christian Sch., 261 S.E.2d 908 (N.C. 1980).

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State v. Fayetteville Street Christian Sch., 261 S.E.2d 908 (N.C. 1980). · cites it 2× “With regard to ground (3), defendants argue that the state must proceed under G.S. 110-104, which provides that injunctive relief against the continuing operation of a day-care center not in compliance with the Act may be sought in the superior court of the county in which the…”

State v. Fayetteville Street Christian Sch., 258 S.E.2d 459 (N.C. Ct. App. 1979). “Venue G.S. 110-104 provides: “Injunctive relief.”

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