14 Del. Admin. Code § 936-III-50.0

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

Section 936-III-50.0 - Evaluation of Application

50.1 A licensee shall contact the references provided by the applicant to determine the following:

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

50.1.2 Observations of the applicant's interactions with a child;

50.1.3 Description of the applicant's character;

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

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

50.1.6 Reason why adoption should or should not be recommended.

50.2 A licensee shall ensure an applicant and adult household members are free of a conviction, 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.

50.3 A licensee shall ensure an applicant and adult household members obtain a child abuse and neglect check from states in which he or she resided over the past five years according to the Adam Walsh Child Protection Safety Act of 2006.

50.4 A licensee shall ensure an applicant and adult household members obtain a Delaware Family Court records check.

50.5 A licensee shall ensure that a person who is active on the Delaware child protection registry at a Level III or Level IV is prohibited from being an adoptive parent while on the child protection registry.

50.6 A licensee shall ensure an applicant and adult household members are in agreement with, and aware of, a decision to adopt. 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.

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

50.8 A licensee shall ensure an applicant demonstrates emotional stability, good character, a responsible adult lifestyle, 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.

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

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

50.11 A licensee shall ensure an applicant demonstrates 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.

50.12 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.

50.13 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 the child's health, safety, or well-being.

50.14 A licensee shall document that an applicant has income to meet the household's needs and ensure the household's security and stability.

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

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

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

14 Del. Admin. Code § 936-III-50.0

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