14 Del. Admin. Code § 935-49.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 935-49.0 - Policies and Procedures for Residential Child Care Facilities

49.1 A licensee shall have and follow written policies and procedures governing visits as applicable between children and their parent, relatives, and friends, both at the facility, at the children's own homes, and at other suitable locations. These policies and procedures shall address the days and hours of visits, frequency of visits permitted, any exceptions governing whom the child may visit, and whom to contact to arrange for special accommodations in the event of hardship or emergencies and shall be consistent with applicable State laws, regulations, or court orders.

49.1.1 A facility shall explain the policies to the child and child's parent or referring agency.

49.1.2 A facility shall provide accommodations within the buildings to allow visits with children to be conducted in reasonable privacy, except where the service plan indicates that visits are to be directly supervised, or when the facility has reason to believe that a particular visitor would not be in the best interest of the child.

49.1.3 A facility shall not deny or restrict children's visits in the facility with their parent, relatives, or friends based upon a child's behavior, unless the child's behavior is unsafe or denial of visits based on behavior is specified in the child's service plan.

49.2 A licensee shall include in the visitation policies and procedures provisions for verifying the identity of any visitor not known to the facility and determining the location of overnight visits and the adult responsible for the child's care during the visit before releasing the child.

49.3 A licensee shall have and follow written policies and procedures governing visiting or touring the facility by volunteers, advisory committees or councils, public officials, the media, and the public who are not related to children in care. These policies and procedures shall address:

49.3.1 The process required to get written approval before visiting or touring the facility;

49.3.2 The purpose and extent of such visits or tours;

49.3.3 The days, hours, frequency, and length of visits or tours;

49.3.4 The circumstances and conditions when people may visit or tour, including a requirement that visits or tours are supervised by staff;

49.3.5 Precautions to protect the privacy, health, safety, and well-being of children in care; and

49.3.6 Conditions to ensure that visits or tours do not:

49.3.6.1 Cause a major or serious disruption of services or treatment to children;

49.3.6.2 Interfere with the implementation of the child's service plan;

49.3.6.3 Intimidate or embarrass children or staff; or

49.3.6.4 Seriously interfere with or disrupt program operations.

49.4 A licensee shall have and follow written policies and procedures governing the handling and management of children's money. These policies and procedures shall include provisions on:

49.4.1 The conditions under which a child may have money;

49.4.2 The management of individual monetary accounts when the facility or program stores the money for the child to access, ensuring that there is an accurate record of each child's money including any additions to or deductions from the original amount;

49.4.3 Prohibiting a facility from requiring a child to pay for the cost of a child's own care and treatment, except for the reasonable reimbursement of costs required to pay for purposeful damage to the facility or to another person's property by a child; and

49.4.4 Allowing or assisting with opportunities for a child to earn an allowance or to earn money by working.

49.5 A licensee shall have and follow written policies and procedures ensuring children are offered developmentally appropriate leisure, recreational, and physical activities, including extracurricular, enrichment, cultural, and social activities, if permissible with a child's service plan. These policies and procedures shall contain provisions requiring:

49.5.1 Each child has ongoing opportunities to participate in at least one age-appropriate and developmentally appropriate activity;

49.5.2 Children not be threatened, coerced, or intimidated to participate or engage in any recreation, physical exercise, or leisure time activity, but may be required to attend while not participating in the activity;

49.5.3 Staff provide adequate and appropriate supervision of children engaging in recreation, physical exercise, or leisure time activities and offer instruction, guidance, and support to assist a child in learning to do so in a safe manner;

49.5.4 A list of the types of activities to be offered to children both on and off the premises, if permissible with a child's service plan;

49.5.5 A balanced mixture of planned recreation, physical exercise, and leisure time activities, so that children have a reasonable choice of alternatives in which to participate;

49.5.6 Opportunities for both individual and group activities;

49.5.7 Children shall not engage or participate in high-risk activities unless:

49.5.7.1 A licensee complies with applicable provisions governing such activities, as specified in Sections 80.0 - 86.0; or

49.5.7.2 A licensee uses an existing high adventure activity provider that is certified or approved by an appropriate accrediting agency that assumes responsibility for safety precautions and risk reductions.

49.5.8 Children are prohibited from participating in bungee jumping, hang gliding, parachute jumping, parasailing, and riding in airborne gliders.

49.5.9 Children only use bathing, biking, boating, camping, canoeing, hiking, kayaking, sailing, swimming, water skiing, white water rafting or other sporting or recreation areas or facilities that comply with applicable provisions of federal, State, and local laws, regulations, and codes.

49.5.10 The reasonable and prudent parent standard is applied when determining whether to allow a child in care to participate in extracurricular, enrichment, cultural, and social activities;

49.5.11 At least one staff member is available either on-site or via telephone and authorized to apply the reasonable and prudent parent standard to decisions involving participation in age-appropriate or developmentally appropriate activities. When applying the reasonable and prudent parent standard, the designated staff must consider:

49.5.11.1 The age, maturity, and developmental level of a child in care;

49.5.11.2 The nature and inherent risks of harm; and

49.5.11.3 The best interest of the child.

49.5.12 A written schedule of monthly planned recreation, physical exercise, and leisure time activities be posted in a noticeable location on the premises, and be maintained on file for at least 90 days.

49.6 A licensee shall have and follow written policies and procedures governing the time to be set aside for uninterrupted daily sleep for each child. These policies and procedures shall ensure each child is given the opportunity for at least 8 hours of uninterrupted rest on a daily basis, unless the service plan or health needs of the child indicate otherwise.

49.7 A licensee shall have and follow written policies and procedures that ensure the following:

49.7.1 Children receive guidance and instruction in personal care and hygiene appropriate to their age, gender, race, and culture;

49.7.2 Children follow personal care and good hygiene practices; and

49.7.3 All necessary hygiene supplies, towels, washcloths, and toiletries are provided to children in harmony with their age, gender, race, and culture.

49.8 A licensee shall have and follow written policies and procedures governing preventative, routine, and emergency dental and medical care, including provisions for effective coordination of such dental and medical care with those responsible for the child's aftercare. These policies and procedures shall include:

49.8.1 Periodic appraisal of the general health of each child;

49.8.2 Initial and continuing health screening procedures;

49.8.3 Emergency procedures; and

49.8.4 Maintenance of health records.

14 Del. Admin. Code § 935-49.0

27 DE Reg. 599 (2/1/2024) (Final)