14 Del. Admin. Code § 936-I-16.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 936-I-16.0 - Policies and Procedures

16.1 A licensee shall have a written policy for record security, maintenance, and disposal that addresses:

16.1.1 Assigning the responsibility of supervising record maintenance and custody;

16.1.2 Securing a record against loss, damage, tampering, accessibility, and unauthorized use;

16.1.3 Determining to whom a record may be released;

16.1.4 Determining what type of record or portion of a record may be destroyed and what must be kept permanently;

16.1.5 Creating a storage system for permanent records that ensures information is protected and kept according to the agency's policies; and

16.1.6 Transferring and keeping records in the event the agency closes.

16.2 A licensee shall have a written policy regarding a child's involvement in fund raising and public relations activities. This policy shall protect a child's rights to privacy and dignity. A photo, videotape, film, or recording that reveals a child's identity shall not be used for research, fund raising, or public relations without the written consent of the child's birth parent or guardian and notification of the child's custodian and GAL/CASA.

16.3 A licensee shall have a written policy regarding a child's participation in research projects. The policy shall conform to the National Institute of Mental Health Standards on Protection of Human Subjects.

16.4 A licensee shall have a written policy, including a time frame for handling a foster or adoptive parent application, public inquiry, and request for service. This policy shall include a procedure for documenting:

16.4.1 Referrals to another agency when a person requires a service not provided by the agency;

16.4.2 Requests for service and reasons for acceptance or denial; and

16.4.3 Receipt of a foster or adoptive parent application and the disposition of the application.

16.5 A licensee shall ensure when a fee is charged, an agency has a clearly written policy describing the service fees, and describing when fees are charged, reduced, waived, or refunded. This policy shall be available to people receiving a service that has a fee and to the public upon request.

16.6 A licensee shall have written personnel policies and make them available to staff and to potential staff upon request.

16.7 A licensee shall have a written personnel policy governing an agency's approach to recruit, screen, hire, supervise, orient, train, evaluate, promote, and develop a staff member. The policy shall include a clear, written grievance procedure for a staff member. A licensee shall have written procedures for hiring, discipline, dismissal, suspension, and lay-off of a staff member according to applicable laws.

16.8 A licensee shall have a written appeal procedure for a client such as a child, a birth parent or guardian, an adoptive or foster parent applicant, or an approved foster or adoptive parent who wants to appeal a decision made by the agency. The agency shall provide this policy to a client as soon as service begins and ensure that:

16.8.1 A time frame is established for the appeal process;

16.8.2 A staff member who is not directly involved with a client and the decision being appealed gathers factual information from the client regarding the decision; and

16.8.3 The decision is reviewed at a higher administrative level than the original decision. This decision will be the final agency decision.

16.8.4 The written appeal process for decisions regarding a child awaiting adoption shall inform a birth parent and proposed adoptive parent of their right, pursuant to 13 Del.C. § 905, to appeal to Family Court a final agency decision to refuse or terminate an adoptive placement.

16.9 A licensee shall ensure there is a written procedure describing a process for investigating a complaint against a foster or pre-adoptive parent.

16.10 A licensee shall develop, follow, and maintain on file a written policy and procedure including notifying the child abuse and neglect report line for handling an incident of suspected child abuse or neglect that occurs while a child is a client of an agency. The policy and procedure shall contain provisions specifying that:

16.10.1 A licensee shall report an incident to the division;

16.10.2 A licensee immediately shall take corrective action to protect a child from harm;

16.10.3 A licensee shall take long-term corrective action such as an internal evaluation to identify and eliminate factors or circumstances that may have caused or may have otherwise resulted in a continuing risk of abuse or neglect to a child;

16.10.4 A staff member alleged to have perpetrated an incident of child abuse or neglect shall be suspended or removed from having direct contact with any child, or shall be reassigned to other duties that do not involve contact with a child until the incident's investigation has been completed;

16.10.5 A licensee shall take disciplinary action against a staff member who committed an act of child abuse or neglect; and

16.10.6 A licensee shall conduct an evaluation of incidents overall and create a system for identifying serious/critical patterns occurring at an agency.

16.11 A licensee shall have a written policy that establishes and explains a maximum caseload requirement for a caseworker. The agency shall base the requirement on actual workload and shall consider:

16.11.1 Type of child, including special needs served by a caseworker;

16.11.2 Type of service to be provided;

16.11.3 Travel distance involved in providing the service; and

16.11.4 Other required caseworker duties or responsibilities.

16.12 A licensee shall establish a written procedure for ongoing staff communication strategies to ensure compliance with agency policies, procedures, and practices.

14 Del. Admin. Code § 936-I-16.0

23 DE Reg. 233 (9/1/2019)
24 DE Reg. 274 (9/1/2020) (final)