NC General Statutes

N.C. Gen. Stat. § 110-85 (2026)

Legislative intent and purpose

✓ current as of July 2026
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Recognizing the importance of the early years of life to a child's development, the General Assembly hereby declares its intent with respect to the early care and education of children:

(1) The State should protect children in child care facilities by ensuring that these facilities provide a physically safe and healthy environment where the developmental needs of these children are met and where these children are cared for by qualified persons of good moral character.

(2) Repealed by Session Laws 1997-506, s. 2, effective September 16, 1997.

(3) Achieving this level of protection and early education requires the following elements: mandatory licensing of child care facilities; promotion of higher quality child care through the development of enhanced standards which operators may comply with on a voluntary basis; and a program of education to help operators improve their programs and to deepen public understanding of child care needs and issues. (1971, c. 803, s. 1; 1987, c. 788, s. 1; 1997-506, ss. 1, 2.)

 

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1979–2024 · leading case: Schmidt v. Breeden, 517 S.E.2d 171 (N.C. Ct. App. 1999).
Schmidt v. Breeden, 517 S.E.2d 171 (N.C. Ct. App. 1999). · cites it 7× “” However, plaintiff advances the further contention that the Program is more accurately described as a day-care facility, and thus a non-traditional governmental activity, in that it is subject to N.C.G.S. § 110-85 et seq. and the rules and regulations established by the Child…”
State v. Fayetteville Street Christian Sch., 261 S.E.2d 908 (N.C. 1980). · cites it 2× “” The state seeks a declaration that the defendants, church-operated day-care centers and their administrators, are subject to the provisions of the Day-Care Facilities Act of 1977 (Act), G.S. 110-85 et seq., and prays for an injunction restraining defendants from operating any…”
Pruitt Ex Rel. Pruitt v. Powers, 495 S.E.2d 743 (N.C. Ct. App. 1998). · cites it 6× “0601(a) and N.C.G.S. § 110-85 and § 110-91. (b) Defendants .”
Stott v. Martin, 725 F. Supp. 1365 (E.D.N.C. 1989). · cites it 2× “32 The Commission was created by N.C.Gen.Stat. §§ 110-85 et seq. According to N.”
Kiddie Korner Day Schs., Inc. v. Charlotte-Mecklenburg Bd. of Educ., 285 S.E.2d 110 (N.C. Ct. App. 1981). “110-86(3) defines a day-care facility to [include] any day-care center or child-care arrangement which provides day care on a regular basis for more than four hours per day for more than five children, wherever operated and whether or not operated for profit, except that the…”
State v. Fayetteville Street Christian Sch., 258 S.E.2d 459 (N.C. Ct. App. 1979). “G.S. 110-85(2). This is a compelling state interest in the regulation of a subject within the State’s constitutional power to regulate.”
Taylor-Coleman v. N.C. Dep't of Health & Hum. Servs. Div. of Child Dev. & Early Educ. (N.C. Ct. App. 2024). · cites it 2× “N.C. Gen. Stat. § 110-85 . In relevant part, the Division has the duty to oversee these facilities, “ensur[e] that these facilities provide a physically safe and healthy environment where the developmental needs of these children are met[,]” and certify that the operators are…”
Smith v. Kinder Care Learning Centers, Inc., 381 S.E.2d 193 (N.C. Ct. App. 1989). “G.S. 110-85. Facilities are required by statute to have written policies on discipline which must be given to parents of enrolled children.”
— N.C. Gen. Stat. § 110-85(2) — 1 case
State v. Fayetteville Street Christian Sch., 258 S.E.2d 459 (N.C. Ct. App. 1979). “G.S. 110-85(2). This is a compelling state interest in the regulation of a subject within the State’s constitutional power to regulate.”
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