14 Del. Admin. Code § 936-II-40.0

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

Section 936-II-40.0 - Foster Home and Transportation Requirements

40.1 During the application process and annually, the licensee shall ensure the foster parent meets the requirements of Section 40.0.

40.1.1 A licensee shall visit the home of an applicant or approved foster parent and inspect all rooms and the grounds to ensure the home is clean, maintained, and does not present a threat to the occupants' health or safety. A licensee may require an applicant or approved foster parent to provide documentation that a home complies with State or local laws, codes, regulations, and ordinances.

40.1.2 A licensee shall ensure the home's walls, floors, and ceilings are intact and there is no exposed wiring, falling plaster, or dangerous holes. A licensee shall ensure all windows and outside doorways that are used for ventilation have screens in good repair. A licensee shall ensure the home has proper trash and recycling disposal.

40.1.3 A licensee shall ensure all flammable and hazardous materials, including matches, lighters, medicines, drugs, alcohol, cleaning products, detergents, aerosol cans, and other similar items, are stored safely in areas out of children's reach or are locked up both inside and outside the home. Hazardous liquids and powders must be labeled with the contents.

40.1.4 A licensee shall ensure foster homes serving child under age five keep plastic bags and cords and strings from window blinds out of children's reach.

40.1.5 A licensee shall ensure a foster home is free of rodent and insect infestation.

40.1.6 A licensee shall ensure all electrical outlets in a foster home that children can reach are covered, including power strips. Foster homes serving school-age children only are exempt from this requirement.

40.1.7 A licensee shall ensure all heating and cooling equipment prevents injury to children by having safety shielding.

40.1.8 A licensee shall ensure a foster home has at least one working hard-wired smoke detector or battery operated smoke alarm on each level of occupancy of the home and at least one near all sleeping areas. The smoke detector or smoke alarm must be listed by a nationally recognized testing laboratory and properly installed per the product's instructions. A licensee shall ensure a foster home has a working carbon monoxide detector or carbon monoxide alarm on each level of occupancy of the home and at least one near all sleeping areas if the home has a fossil-fuel burning heater or appliance, a fireplace, or an attached garage.

40.1.9 A licensee shall ensure a foster home has a safe drinkable water supply and the plumbing is kept in good working condition.

40.1.10 A licensee shall ensure a foster home has a bathroom with a working toilet, sink, and tub or shower. The sink and tub or shower must be able to provide both hot and cold water. The water temperature may not exceed 120º F. Hot tubs and spas must have safety covers that are locked when not in use.

40.1.11 A licensee shall ensure a foster home with large outdoor play equipment has it anchored.

40.1.12 A licensee shall ensure a foster home is free from any fire hazard and any exit in a foster home is accessible and unblocked.

40.1.13 A licensee shall prohibit smoking or vaping in the foster home, in any vehicle used to transport children, and in the presence of children.

40.1.14 A licensee shall ensure a kitchen and all food preparation, storage and serving areas, and utensils are kept clean.

40.1.15 A licensee shall ensure a foster home has an adequate supply of food.

40.1.16 A licensee shall ensure a foster home has a refrigerator, stove, and sink in good working condition. The sink must supply hot and cold water.

40.1.17 A licensee shall ensure that when a foster home has a permanent or built-in swimming pool, the pool is fenced in compliance with State or local laws, codes, regulations, or ordinances. A licensee shall ensure the pool is inaccessible to a child when not being used by ensuring the pool's fencing is equipped with a safety device, such as a bolt lock. A licensee shall ensure a swimming pool is equipped with a life saving device, such as a ring buoy. A licensee shall ensure the pool has a working pump and filtering system.

40.1.18 A licensee shall ensure a foster parent owning a firearm has a current permit and valid registration as required by law. A firearm shall be stored unloaded in a locked cabinet that is inaccessible to a child. Ammunition shall be stored separately from the firearm in another locked cabinet.

40.1.19 A licensee shall ensure a foster home has a stocked first aid kit.

40.1.20 A licensee shall ensure a gate approved by the American Society for Testing and Materials (ASTM) is used in a foster home for a stairway with four or more steps when a child under age three is in foster care.

40.1.21 A licensee shall ensure a foster home has an easily accessible, charged portable dry chemical fire extinguisher rated 2A 10BC or higher in the kitchen.

40.1.22 A licensee shall ensure a foster home has a posted written evacuation plan that includes showing a child, as appropriate to his or her age and developmental level, how to evacuate the foster home in a fire or emergency. Practice drills shall be conducted at least twice a year.

40.1.23 A licensee shall ensure pets kept by the foster home are cared for in a safe and sanitary way. A licensee shall keep proof of vaccinations required by State law, currently rabies vaccinations for dogs and cats. Poisonous or aggressive animals, such as snakes and alligators, or animals that are known carriers of illnesses or are sick with a disease that can be spread to humans may not be kept or brought into the foster home.

40.1.24 A licensee shall ensure a foster home has a working phone available at all times.

40.1.25 A licensee shall ensure a foster home has a posted list of emergency phone numbers including poison control and the foster parent's number. A licensee shall ensure the list is posted in a noticeable place.

40.1.26 A licensee shall ensure a foster home has adequate lighting for children to be able to see their surroundings, participate in activities, and complete their homework as required.

40.1.27 A licensee shall ensure an applicant has reliable and safe transportation with safety restraints, as appropriate for the child. Reliable transportation includes a properly maintained vehicle, access to reliable public transportation, or safe transportation arrangements with family friends, case workers or teen household members.

40.1.27.1 A licensee shall ensure an applicant who plans to transport a child in a vehicle has a valid driver's license and current vehicle insurance coverage.

40.1.27.2 A licensee shall ensure an applicant is instructed to and secures a child in an individual safety restraint system appropriate to the child's age, weight, and height at all times while a vehicle is in motion. A child safety restraint shall be installed and used according to the manufacturer and vehicle's instructions and kept in a safe working condition, is not recalled, or expired.

40.1.27.3 A licensee shall inform an applicant that a child may only be transported with proper safety restraints in a vehicle by a driver with a valid driver's license and current vehicle insurance coverage.

14 Del. Admin. Code § 936-II-40.0

23 DE Reg. 233 (09/01/19)
24 DE Reg. 274 (9/1/2020) (final)