14 Del. Admin. Code § 936-I-20.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 936-I-20.0 - Personnel and Long-Term Volunteer Files20.1 A licensee shall have a personnel file for each staff member and any volunteer working more than five days or 40 hours a year. This file must be either paper or electronic and available upon request. Except as noted, all file contents are required at the start of employment or volunteering and shall include the following: 20.1.1 Completed application or resume containing the person's name, date of birth, home address, and phone number;20.1.2 Work or volunteer start date, and end date, if applicable;20.1.3 Two references from adults not related to the person who can verify the person is of good character, and respects and understands the needs of children and their families. These references can be letters or written notes gathered by calling the reference. Phone references require the reference's name, phone number, date called, information about the staff member's character and if the reference has knowledge about how the person works with children and families, and the name of person receiving the reference;20.1.4 Release of employment history form and received Service Letters, or documentation showing requests and follow-up for Service Letters has been made. If the staff member has not worked or if unable to get at least one completed service letter, two additional reference letters or phone references are required;20.1.5 Proof of qualifications, education, and applicable professional credential/certification;20.1.6 Health appraisal on file within the first 30 days of employment or volunteering, conducted within one year before the start date. The appraisal shall confirm the individual's health and document medical or physical conditions that may limit the person's ability to perform child care or have direct access to children and any reasonable accommodations that may be required;20.1.7 TB test or medical professional risk assessment on file within the first 30 days of employment or volunteering conducted within one year before the start date, with further testing if a health care professional has concerns regarding the staff member's health or according to DPH's website;20.1.8 A statement signed by the person stating his or her status regarding all previous convictions; current indictment or involvement in criminal activity involving violence against a person; child abuse or neglect; possession, sale, or distribution of illegal drugs; sexual offense; gross irresponsibility or disregard for the safety of others; serious violations of accepted standards of honesty or ethical behavior; or a case of child abuse or neglect substantiated by the Department of Services for Children, Youth, and Their Families or the respective responsible entity in another state or country;20.1.9 Documentation of a fingerprinted background check appointment conducted before the start of employment/volunteering. A person shall have no unsupervised contact with a child until the agency receives the eligibility determination notice;20.1.11 Documentation acknowledging the person is aware that the use of alcohol or a drug that could negatively affect essential job functions; unlawful possession, manufacture, or distribution of alcohol or drugs; or possession while working of a controlled substance other than by the person for whom it was prescribed is prohibited;20.1.12 Documentation informing the person of the child abuse and neglect mandated reporting law and reporting procedures;20.1.13 Documentation of the receipt of an agency's policy manual, including verification of client and agency confidentiality policies;20.1.14 If transporting children, a copy of the current driver's license and proof of vehicle insurance;20.1.15 Copy of job description;20.1.16 Orientation form that includes documentation of an orientation completed during the first 30 days of employment that focuses on the person's job duties and the agency's policies. This orientation must include an opportunity to ask questions and receive clarification. The topics shall include: 20.1.16.1 Information on other federal or State laws or regulations applicable to children and families who are clients of the agency, including non-discrimination;20.1.16.2 Child abuse and neglect laws and reporting requirements and the agency's procedures to report abuse and neglect;20.1.16.3 Applicable licensing regulations and the location of the regulations at the agency for review; and20.1.16.4 Procedures for complaint investigation;20.1.17 Record of annual training hours, including certificates and transcripts, if applicable; and20.1.18 Annual performance evaluation signed and dated by the staff and supervisor.14 Del. Admin. Code § 936-I-20.0
23 DE Reg. 233 (9/1/2019)
24 DE Reg. 274 (9/1/2020) (final)