14 Del. Admin. Code § 936-I-18.0

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

Section 936-I-18.0 - Complaints against a Foster or Pre-Adoptive Parent

18.1 A licensee shall ensure that a chief administrator is informed of the receipt and the nature of a complaint and that the degree of risk to a child is immediately determined. A staff member shall immediately contact the 24-Hour Child Abuse Report Line when receiving a complaint regarding suspected child abuse or neglect.

18.2 A licensee shall ensure staff members use the following time frames when investigating a complaint:

18.2.1 Begin an investigation and notify a foster or pre-adoptive parent of a complaint by making an unannounced visit to the foster or adoptive home no later than one business day if an allegation poses an immediate threat to the child's health, safety, or well-being;

18.2.2 Contact the Division of Public Health (DPH) within one business day if an allegation involves a serious environmental hazard;

18.2.3 Contact the State Fire Marshal's Office within one business day if an allegation involves fire safety;

18.2.4 Begin an investigation no later than five business days if an allegation poses a potential threat to the child's health, safety, or well-being;

18.2.5 Contact the division's foster care administrator within five business days if an allegation involves contracted foster care; and

18.2.6 Contact the division's adoption administrator within five business days if an allegation involves a pre-adoptive home.

18.3 A licensee shall ensure staff members use the following steps to investigate a complaint:

18.3.1 Provide an opportunity in a private setting for a foster or pre-adoptive parent or child to respond to an allegation;

18.3.2 Record all information and findings received in the course of an investigation;

18.3.3 Make contact as necessary to gain appropriate information for an investigation;

18.3.4 Report to a foster or pre-adoptive parent that a complaint investigation report will serve as the method for conveying an official finding of an investigation;

18.3.4.1 Create a complaint investigation report using a format provided by OCCL that documents a complaint investigation finding and a corrective action plan, if applicable. The report shall contain:

18.3.4.1.1 Coded name of a foster or pre-adoptive parent and his or her complete home address;

18.3.4.1.2 Summary of a complaint allegation;

18.3.4.1.3 Regulations allegedly in non-compliance;

18.3.4.1.4 Methods used in conducting a complaint investigation, including dates and persons interviewed;

18.3.4.1.5 A description of any finding, including the child's condition in a foster or pre-adoptive home;

18.3.4.1.6 Conclusion and a corrective action plan, if applicable; and

18.3.4.1.7 Signature of the investigating staff member, date of completion, and reviewed and initialed by the staff member's supervisor or chief administrator.

18.3.4.2 Create a coding system to protect the name of reporter, witness, birth parent, guardian, foster or pre-adoptive parent, and a child from disclosure. The coding sheet shall be for the agency's use and shall only be released by order of appropriate legal authority or by appropriate written consent.

18.4 A licensee shall ensure an agency completes a complaint investigation report no later than 30 business days from the date of receipt and ensures the following:

18.4.1 A copy of a report is emailed to the appropriate division designee, currently the Foster Care Administrator, with a copy sent to DSCYF_FC-Reportable Events mailbox, and the assigned licensing specialist;

18.4.2 The division designee, currently the Foster Care Administrator, approves the report and corrective action plan, if applicable, and the investigating staff member's supervisor or chief administrator reviews this approval;

18.4.3 Notification stating the findings of founded or unfounded is mailed to the foster or pre-adoptive parent;

18.4.4 A filing system is created and maintained for completed reports; and

18.4.5 If applicable, the agency monitors the foster or pre-adoptive parent for compliance with the corrective action plan stated in a report.

14 Del. Admin. Code § 936-I-18.0

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