Why Child-Staff Ratios Matter More Than Ever: Navigating NC Daycare Rules with DCDEE

Daycare facilities in North Carolina are among the most heavily regulated entities in the state. While these rules exist to keep children safe, the compliance burden on providers can feel overwhelming. A single oversight can trigger a cascade of violations with the North Carolina Division of Child Development and Early Education (DCDEE)—and one of the most common pitfalls involves child-staff ratios.

What Are Child-Staff Ratios in NC?

Under North Carolina Administrative Code (10A NCAC 09 .0713), every licensed childcare facility must maintain a minimum number of staff members for each group of children, based on the children’s ages. For example if children are grouped in single-age groups the ratios are:

• Infants (0–12 months): 1 staff for every 5 children

• Toddlers (1–2 years): 1 staff for every 6 children

• Preschoolers (2–3 years): 1 staff for every 10 children

• (3–4 years): 1 staff for every 15 children

• (4–5 years): 1 staff for every 20 children

• School-age (5+ years): 1 staff for every 25 children

These ratios are strictly enforced, and even a short lapse—even during transitions like drop-off or nap time—can result in a violation.

Why Are Ratio Violations So Common?

Despite the best intentions, ratio violations can occur easily:

• Staff reassignments: Teachers may be pulled to cover another classroom.

• High-traffic times: Drop-off and pick-up hours are particularly vulnerable.

• Staff shortages: Facilities struggling with staffing may fall out of compliance.

• Parent complaints: With cameras and parent visibility, even minor incidents can trigger investigations that expand into ratio compliance.

Once DCDEE begins investigating a facility, they are not limited to the original complaint. They may examine other aspects of compliance, which can quickly compound a single mistake into multiple violations.

Why Compliance Training Matters

Educating staff about ratio requirements is critical. Documented training and compliance policies not only reduce the risk of violations but also show good faith efforts if DCDEE initiates disciplinary action. Demonstrating that your facility takes compliance seriously can make a difference in the severity of penalties or sanctions.

How an Attorney Can Help

If your daycare is facing a DCDEE investigation or notice of violation, you don’t have to navigate the process alone. An experienced North Carolina daycare defense attorney can:

• Negotiate with DCDEE to reduce or resolve penalties.

• Present mitigating evidence of compliance training or corrective action.

• Represent your facility before the NC Office of Administrative Hearings (OAH) if a settlement cannot be reached.

The stakes are high—your license, reputation, and business operations may be on the line. Having counsel who understands both the regulatory framework and the OAH process can make a critical difference in outcome.

This is not legal advice. If you do need legal representation call the office at: 919-616-3317