14 Del. Admin. Code § 936-I-19.0

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

Section 936-I-19.0 - General Qualifications of Staff Members

19.1 When known, the licensee shall not employ or keep in any capacity any person with direct access to children whose child or children are currently removed from his or her custody because of abuse, neglect, or dependency. A person who has given up or otherwise lost custody of his or her children for reasons other than abuse, neglect, or dependency shall present documentation to OCCL regarding the circumstances of this event, so OCCL can determine whether this individual can work at the agency.

19.2 The licensee shall not employ or keep in any capacity any person convicted of any offense defined as child sexual abuse in 11 Del.C. § 8550.

19.3 The licensee shall ensure a staff member, volunteer, or student intern is not alone with children until the Criminal History Unit in the Department of Services for Children, Youth and Their Families completes the results of all background checks, determines eligibility, and approves the staff member.

19.4 The licensee shall ensure a staff member provides documentation from a health care provider for the follow-up of known health conditions that pose a direct threat to the health and safety of children or others and any reasonable accommodations that may be required. This documentation shall be provided to OCCL for the purposes of determining whether the health condition creates a significant risk to children.

19.5 The licensee shall ensure a staff member diagnosed or treated for a mental illness that might create a significant risk of harm to children does not work with children until the staff member provides documentation from a health care provider stating children are not at significant risk of harm and whether any reasonable accommodations are required. The licensee shall provide to OCCL a copy of the health care provider documentation.

19.6 A licensee shall not employ or retain in any capacity any person with direct access to children receiving care or provide services directly to a child or children if:

19.6.1 Convicted of a prohibited offense, for the time indicated in 31 Del.C. § 309;

19.6.2 Determined ineligible under the DELACARE Regulations - Background Checks for Child Serving Entities; or

19.6.3 Active on the Delaware Child Protection Registry for a Level III or Level IV substantiation.

19.7 In cases where a person is determined ineligible or prohibited under the DELACARE Regulations-Background Checks for Child Serving Entities, the person is entitled to an administrative review for reconsideration. The licensee and the person shall be bound by the final decision of the administrative review, which is made by the person conducting the review.

14 Del. Admin. Code § 936-I-19.0

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