14 Del. Admin. Code § 936-I-8.0

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

Section 936-I-8.0 - Procedures for Initial Licensure

8.1 An applicant shall complete the following steps for OCCL to issue a license:

8.1.1 Contact OCCL to set up a meeting to receive information on DELACARE: Regulations for Child Placing Agencies and the licensure process;

8.1.2 Submit a completed application (see Appendix I) to OCCL, which includes:

8.1.2.1 Applicant's name, address, email, and phone numbers;

8.1.2.2 Applicant's references: for corporations, contact information for officers; for LLCs, contact information for managing member; for public and private schools, contact information for the superintendent or equivalent officer;

8.1.2.3 Previous licensure information, if applicable;

8.1.2.4 Program information (including ages of children to be served);

8.1.2.5 Staffing information (including names of proposed employees); and

8.1.2.6 Certifications that include:

8.1.2.6.1 Agreement to comply with federal and State laws and regulations;

8.1.2.6.2 Statement that information supplied is true and correct; and

8.1.2.6.3 Acknowledgment that OCCL is required to make a thorough investigation of the applicant.

8.1.3 Submit the following documents to OCCL:

8.1.3.1 Release of employment form that allows OCCL to collect service letters as per 19 Del.C. § 708. The form will list the applicant's current or most recent employer and all health care and child care facilities where the applicant worked within the past five years. If an applicant has no former employer, the applicant shall provide information for two more references;

8.1.3.2 Business plan;

8.1.3.3 Zoning approval;

8.1.3.4 State business license unless the agency is a non-profit;

8.1.3.5 Fingerprinted background check receipt;

8.1.3.6 Lease or deed for office space in Delaware;

8.1.3.7 Policy and procedures manuals for staff and clients;

8.1.3.8 Qualifications of chief administrator and other required staff members;

8.1.3.9 Documents showing authority to operate; and

8.1.3.9.1 An applicant of a privately owned agency shall provide documents identifying the name and address of the owner.

8.1.3.9.2 An applicant shall provide the name and address of each officer and director for a corporation, partnership, or association.

8.1.3.9.3 An applicant shall provide, when applicable, a charter, partnership agreement, constitution, articles of association, and by-laws.

8.1.3.10 Certificate of liability insurance due by pre-licensing visit.

8.1.4 Demonstrate to the satisfaction of OCCL that the agency complies with these regulations and other applicable codes, regulations, laws, treaties, and agreements.

8.2 Upon receipt of the completed application and required information, a licensing specialist will:

8.2.1 Review the application and information, and inspect the premises to determine whether the applicant complies with these regulations;

8.2.2 Make a recommendation for licensure. If a license is granted, it will be a six-month initial provisional license; and

8.2.3 Notify the applicant as stated in subsection 12.4 if an initial provisional license to operate is denied.

8.3 A licensing specialist shall conduct a compliance review at the agency before the expiration of the initial provisional license. Once this review is completed, OCCL will issue a provisional or annual license depending upon whether full compliance is obtained. This license will be valid for six months.

14 Del. Admin. Code § 936-I-8.0

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