14 Del. Admin. Code § 936-II-39.0

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

Section 936-II-39.0 - Evaluation of Application

39.1 A licensee shall contact the applicant's references to gather the following information:

39.1.1 Explanation of how long, how well, and under what circumstances (i.e. neighbor, co-worker) a person knows the applicant;

39.1.2 Observations of the applicant's interactions with children;

39.1.3 Description of the applicant's character;

39.1.4 Signs of risk factors (i.e. substance abuse, anger issues, poor judgment);

39.1.5 Concerns about any household member that will also be involved with the care or may have an effect on the child's care; and

39.1.6 Reason why foster care should or should not be recommended.

39.2 A licensee shall ensure an applicant and adult household members are free of a conviction, current indictment, or substantial evidence of involvement in any criminal activity involving violence against a person; child abuse or neglect; sexual offense; possession, sale, or distribution of any illegal drug; gross irresponsibility or disregard for the safety of another; or any serious violation of accepted standards of honesty or ethical conduct.

39.3 A licensee shall ensure an applicant and adult household members obtain child abuse and neglect checks from states in which they lived during the past five years according to the Adam Walsh Child Protection Safety Act of 2006.

39.4 A licensee shall ensure a person who is active on the Delaware child protection registry at a Level III or Level IV is prohibited from being a foster parent while on the Child Protection Registry.

39.5 A licensee shall ensure an applicant and adult household members agree to and are aware of a decision to provide foster care. The licensee may make exceptions when the household member involved is incapable of communication or informed decision-making and poses no threat to the child's health, safety, or well-being.

39.6 A licensee shall ensure an applicant's or household member's disability is only considered as it affects the ability to care for a child.

39.7 A licensee shall ensure an applicant demonstrates emotional stability, good character, a responsible adult lifestyle, and freedom from abuse of alcohol or medications and freedom from use of any illegal drug. A licensee shall ensure an applicant and household members disclose substance abuse issues including any history of drug or alcohol abuse or treatment. A disclosure of previous drug or alcohol abuse does not disqualify an applicant on its own.

39.8 A licensee shall ensure an applicant has the ability to provide nurturing care, supervision, reasonable positive behavior management, and a home-like environment that is free from domestic violence to a child.

39.9 A licensee shall ensure an applicant has the capacity for setting realistic expectations for a child's behavior and performance based on the age, ability, and child's special needs.

39.10 A licensee shall ensure an applicant has a willingness and ability to discuss and deal appropriately with his or her own feelings of anger, frustration, sorrow, conflict, and affection, and those of others.

39.11 A licensee shall require an applicant to show evidence of a stable living arrangement for at least one year. Evidence may include length of relationship, a community connection, and support system.

39.12 A licensee shall require an applicant to be at least 21 years old. The licensee may make exceptions after documenting that a younger applicant would not endanger a child's health, safety, or well-being.

39.13 A licensee shall document that an applicant has income to meet the household's needs and ensure the household's security and stability without the foster care payments.

39.14 A licensee shall ensure that an applicant who works outside the foster home provides a child care plan to the agency.

39.15 A licensee shall ensure that an applicant receives approval from an agency for a business conducted in a foster home. Business activities shall not interfere with the child's care.

39.16 A licensee shall ensure an applicant has developed an emergency preparedness plan.

39.17 A licensee shall ensure that an applicant who also has a family child care or large family child care license receives written approval from OCCL to be a dual service provider. The dual service agreement shall be created after both OCCL and the licensee agree that an applicant has the ability to meet the needs of all children present or living in the home for foster care, child care, and as household members. The agreement shall include a limit on the number and ages of foster care children. An agreement shall be reviewed by OCCL and the agency at least annually or whenever there is a complaint involving either foster care or child care. After review, it must be re-approved by OCCL's administrator.

39.18 A licensee shall ensure documentation is provided to an applicant explaining why the applicant was approved or denied as a foster parent based on the information gathered from the home study, application review, and home's inspection.

39.19 A licensee shall ensure an applicant has functional literacy which means the ability to read and understand information to perform daily parenting activities, including the ability to read medication labels.

14 Del. Admin. Code § 936-II-39.0

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