NC Childcare (DCDEE) Defense Attorney

Protecting Your North Carolina Child Care License

If you operate a child care center or family child care home in North Carolina, you already know that few industries are as closely monitored as yours. The North Carolina Division of Child Development and Early Education (DCDEE) regulates nearly every operational aspect of licensed child care — from staffing and supervision to training, record keeping, and facility safety.

For most providers, compliance is a daily effort. But when a complaint is filed or an investigation begins, the process can be confusing, stressful, and potentially career-ending. A single enforcement action can jeopardize your license, your business, and your reputation in the community.

This page explains what every North Carolina child care professional should know about DCDEE’s investigative process, administrative actions, and your rights under state law — and how an attorney in professional license defense can help.

Understanding DCDEE’s Role in North Carolina Child Care Regulation

The DCDEE, part of the North Carolina Department of Health and Human Services (NCDHHS), enforces the North Carolina Child Care Act (N.C. Gen. Stat. § 110-85 et seq.) and the detailed administrative rules found in 10A NCAC Chapter 09.

DCDEE’s responsibilities include:

  • * Licensing all child care centers and homes operating in the state;

  • * Conducting inspections to ensure ongoing compliance with safety and care standards;

  • * Investigating complaints or allegations involving children, staff, or operations;

  • * Taking enforcement actions when violations or risks to child welfare are identified; and

  • * Maintaining public records of enforcement and disciplinary actions.

For licensees, this means that every reported concern — even if unfounded — can trigger a formal process involving documentation, inspections, and possible administrative action.

A Simplified Review of the DCDEE Complaint and Investigation Process

When DCDEE receives a complaint, the process generally follows several stages:

1. Intake and Review
 DCDEE evaluates whether the complaint falls within its jurisdiction and whether immediate action is necessary to protect children.

2. Investigation
 Investigators may visit the facility, interview staff and parents, and review documentation. In cases involving alleged maltreatment, DCDEE may coordinate with local law enforcement or the Department of Social Services.

3.Findings and Determination
 After the investigation, DCDEE determines whether a violation occurred. If violations are substantiated, the Division may issue a Notice of Administrative Action (or proposed action) under 10A NCAC 09 .2201.

4.Corrective Actions or Enforcement
 Depending on the severity, DCDEE may require corrective measures (typically a Corrective Action Plan), impose restrictions, or take formal disciplinary action against the license.

Throughout this process, you have the right to consult counsel, submit evidence, and appeal decisions that you believe are incorrect or unfair.

Your Right to Appeal a DCDEE Administrative Action

You are not without recourse. Under G.S. 150B-23, any operator who disagrees with a DCDEE decision may file a Petition for a Contested Case with the North Carolina Office of Administrative Hearings (OAH).

To succeed in an appeal, the licensee must generally show that the agency:

  1. Exceeded its statutory authority;

  2. Acted erroneously or arbitrarily;

  3. Failed to use proper procedure; or

  4. Violated state law or administrative rules.

The 30-day appeal deadline is strict — failure to act within that window typically waves your right to appeal and makes the DCDEE decision final.

Types of DCDEE Administrative Actions

Under 10A NCAC 09 .2201, DCDEE may issue several forms of administrative action, each carrying different consequences:

  • Written Reprimand – A formal warning that becomes part of the licensee’s permanent file.

  • Written Warning – Identifies a violation and requires corrective action.

  • Provisional or Probationary License – Indicates significant concerns; the facility must meet conditions to regain full status.

  • Suspension or Revocation – Used in serious or repeated violations.

  • Summary Suspension – Imposed immediately if DCDEE believes continued operation poses a threat to children’s health or safety.

Every administrative action is issued in writing and includes a cover letter, details of the violations, and the operator’s right to appeal.

Legal Strategies for Responding to DCDEE Actions

Every case is unique, but effective legal strategies often include:

  • Early intervention: Responding before DCDEE finalizes an action can prevent escalation.

  • Procedural review: Verifying that investigators followed required steps and timelines.

  • Evidence analysis: Identifying inconsistencies or mitigating factors in the report.

  • Negotiated resolution: Working with agency counsel to reduce penalties or modify corrective plans.

  • Hearing advocacy: Presenting evidence and legal arguments before the OAH.

A well-prepared response demonstrates cooperation and professionalism while protecting your rights.

Common Reasons DCDEE Investigates Child Care Facilities

While some complaints are minor or quickly resolved, others can escalate to formal investigations. Common issues that prompt DCDEE review include:

  • Supervision violations (children left unattended, ratio issues)

  • Allegations of child maltreatment or neglect

  • Staff qualification or background check deficiencies

  • Facility safety hazards (improper sanitation, unsafe equipment)

  • Failure to maintain required documentation (attendance logs, health assessments, training records)

  • Improper discipline or prohibited interactions

  • Noncompliance with fire, sanitation, or building codes

Even technical violations — such as lapses in documentation or training renewals — can result in written warnings or administrative penalties. Because each inspection and investigation becomes part of your DCDEE record, responding promptly and effectively is crucial.

The Administrative Hearing Process

A contested case before the Office of Administrative Hearings is similar to a court proceeding but conducted under the North Carolina Administrative Procedure Act.

Steps include:

  • Filing the petition and serving DCDEE;

  • Discovery and evidence exchange;

  • Pre-hearing motions and negotiations;

  • Hearing before an Administrative Law Judge (ALJ); and

  • Issuance of a Final Decision or recommendation for the agency.

Many cases resolve through settlement discussions before the hearing stage. Skilled counsel can often negotiate acceptable terms while satisfying the Division’s compliance objectives.

Why You Should Retain Legal Counsel

Dealing with DCDEE alone can be overwhelming. A qualified North Carolina license defense attorney can help you:

  • * Interpret complex administrative rules and procedures;

  • * Ensure compliance with NC’s Admin Code and other requirements;

  • * File timely appeals and preserve your rights;

  • * Negotiate directly with DCDEE officials; and

  • * Protect your reputation and long-term career.

Because DCDEE proceedings are administrative, not criminal, many providers underestimate the seriousness of these cases. But an adverse finding can affect your employment eligibility, insurance coverage, and community trust for years.

Schedule a Consultation

Facing a DCDEE investigation or administrative action? Don’t navigate it alone.
As an attorney experienced in North Carolina professional license and regulatory defense, I represent child care providers across the state in DCDEE matters—from initial investigation to appeal before the Office of Administrative Hearings.

Your license, reputation, and business deserve a strong defense.
Contact my office today to schedule a confidential consultation. Or call the office at 919-616-3317.

Free Consultation