14 Del. Admin. Code § 934-II-7.0

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

Section 934-II-7.0 - Procedures for Initial Licensure

7.1 An applicant shall complete the following steps and submit the following information to OCCL when seeking a license:

7.1.1 Attend OCCL's information session and orientation to learn the application process and regulations;

7.1.2 Submit a completed Family Child Care Home Initial License Application (see Appendix I) or a Large Family Child Care Home Initial License Application (see Appendix II), as applicable, which includes:

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

7.1.2.2 Applicant's references: for corporations contact information for officers; for LLCs contact information for managing member;

7.1.2.3 Previous licensure information, if applicable;

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

7.1.2.5 Household members; and

7.1.2.6 Certifications that include:

7.1.2.6.1 Agreement to comply with federal and State laws and regulations including, but not limited to, the Americans with Disabilities Act and Delaware Equal Accommodations Law;

7.1.2.6.2 Statement that information supplied is true and correct; and

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

7.1.3 Submit the following items to OCCL:

7.1.3.1 Proof of compliance with zoning codes, and, if applicable, other codes, regulations, guidelines, or laws, such as those from Division of Revenue, Department of Natural Resources and Environmental Control for septic systems, and Office of Drinking Water for well water;

7.1.3.2 Documentation that the home is free of lead-based paint hazards. Homes constructed in or after 1978 are exempt from lead-paint risk assessments and testing:

7.1.3.2.1 If the home were constructed before 1978, an applicant or licensee shall provide a lead-paint risk assessment performed by an environmental testing firm certified by DPH showing the home to be free of lead-paint hazards.

7.1.3.2.2 If lead paint is identified but intact (i.e. not chipping, flaking, or peeling), the licensee shall monitor the identified areas at least every six (6) months and document that the lead-based paint is intact (in good repair and not deteriorated). Lead-based paint is not regarded as a hazard if it is intact or not present in an accessible surface, a friction surface, or an impact surface that could result in an adverse human health effect.

7.1.3.3 If lead-paint hazards are identified in the risk assessment, the applicant or licensee shall remedy the hazards by hiring a lead-safe contractor (lead abatement or renovation firm) certified by DPH to make the repairs.

7.1.3.3.1 Once the repairs are made, a lead-dust clearance inspection must be performed by an environmental testing firm certified by DPH to confirm the home is free of lead-based paint hazards.

7.1.3.3.2 An applicant or licensee shall provide the lead-dust clearance testing results to OCCL within five (5) business days to confirm the home is free of lead-based paint hazards.

7.1.3.3.3 Children may not be present during repairs and the home must stay closed until the results of the dust clearance test are at appropriate levels and the lead-safe contractor states it is safe for the home to be open.

7.1.3.4 If any lead-based paint identified in a risk assessment becomes deteriorated or if lead-based paint is located in an area to be remodeled, a licensee shall retain a contractor certified by DPH to work using lead-safe work practices (lead abatement or lead renovator) to perform any renovation or repair in a pre-1978 child-occupied facility:

7.1.3.4.1 Records of any renovation or repair work must be forwarded to OCCL within five (5) business days.

7.1.3.4.2 Children may not be present during repairs or renovation until a lead dust clearance test is obtained and the lead-safe contractor states it is safe for the home to be open.

7.1.3.5 Evidence showing each room used for child care to be free of radon hazards using the Environmental Protection Agency's guidelines:

7.1.3.5.1 Testing may be performed by the property owner or an inspector certified by the American Association of Radon Scientists, the National Radon Safety Board, or any organization recognized by the EPA or State of Delaware Radon Program.

7.1.3.5.2 If testing indicates a radon level over 4.0 pCi/L, radon mitigation according to industry standards must occur or a long-term radon test (90-120 days) must indicate a level less than 4.0 pCi/L.

7.1.3.6 Fire marshal approval for the plans and inspection of the home from a State fire marshal or designated fire marshal when located within the city limits of Wilmington, Newark, New Castle, or Dover;

7.1.3.7 Electrical inspection of the home conducted by a State fire marshal recognized electrical inspection agency;

7.1.3.8 Current certifications in CPR including a skills demonstration and first aid for the ages of the children in care. Applicants for large family homes are exempt from this requirement if not serving as a staff member;

7.1.3.9 The names, addresses, phone numbers, and email addresses for three (3) references who are familiar with, but not related to, the applicant and can describe the applicant's interactions with children;

7.1.3.10 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 (5) years. If an applicant has no former employer, the applicant shall provide information for two (2) more references;

7.1.3.11 Comprehensive background checks for the applicant, adult household members, substitutes, staff members, and adult volunteers including State and federal fingerprint checks;

7.1.3.11.1 In addition to the Delaware fingerprinting, applicants, adult household members, substitutes, staff members, and adult volunteers who currently reside outside of Delaware must contact their state of residence and complete a fingerprinted state criminal history search and a name-based child abuse and neglect search.

7.1.3.11.2 Applicants, adult household members, substitutes, staff members, and adult volunteers who have resided outside of Delaware in the last five (5) years must contact each state of residence, and request a criminal history search and a child abuse and neglect search.

7.1.3.11.3 After the out-of-state searches are completed, the applicant must submit the results immediately to CHU.

7.1.3.11.4 The person may not be alone with children until CHU notifies the licensee of the person's eligibility after completing the comprehensive background check.

7.1.3.11.5 When OCCL has a reason to believe the health, safety, or welfare of a child in care may be at risk, OCCL may request parent or guardian permission for a comprehensive background check on a child household member and other medical, psychological, counseling, school, and probation records. OCCL may obtain information from the Department of Services for Children, Youth and Their Families;

7.1.3.12 Documentation of any case where the applicant gave up or lost custody of a child, if applicable;

7.1.3.13 Health appraisals for the applicant, all adult household members, and the substitute completed within one (1) year before the application date that includes a tuberculosis "TB" test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or others. The TB test or medical professional risk assessment must be completed within one (1) year before the application date. This appraisal must confirm the person's health and document medical or physical conditions that pose a direct threat to the health and safety of children or others and any reasonable accommodations that may be required. This documentation shall be provided to OCCL for the purposes of determining whether the health condition creates a significant risk to children;

7.1.3.14 Health appraisals for child household members;

7.1.3.15 State business license or verification of tax-exempt status;

7.1.3.16 Sample two-week menu, if providing meals or snacks (if using a catering service, a copy of the caterer's food establishment permit); and

7.1.3.17 Documentation of completion of pre-service training in the following topics, if the applicant will work with children:

7.1.3.17.1 Six (6) hours of quality-assured child development;

7.1.3.17.2 Three (3) hours of quality-assured positive behavior supports or social-emotional development;

7.1.3.17.3 OCCL's approved Health and Safety Training for Child Care Professionals that includes the following topics:

7.1.3.17.3.1 Prevention and control of communicable diseases, including immunization;

7.1.3.17.3.2 Safe sleep practices, including prevention of sudden infant death syndrome;

7.1.3.17.3.3 Prevention of shaken baby syndrome, abusive head trauma, and child maltreatment;

7.1.3.17.3.4 Prevention of and response to emergencies due to food and allergic reactions;

7.1.3.17.3.5 Building and physical grounds safety;

7.1.3.17.3.6 Emergency preparedness and response planning;

7.1.3.17.3.7 Handling and storage of hazardous materials and bio-contaminants;

7.1.3.17.3.8 Administration of medication; and

7.1.3.17.3.9 Safety measures in transporting children.

7.1.3.17.4 Recognition of the symptoms of child abuse and neglect, the child abuse and neglect law, and reporting requirements (certificate required).

7.1.3.18 Landlord approval, if renting;

7.1.3.19 Emergency plan; and

7.1.3.20 Large family applicants shall complete the additional requirements for large family homes as listed in Sections 60.0 through 70.0.

7.2 Upon receipt of the completed application and required information, a licensing specialist shall:

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

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

7.2.3 Notify the applicant as stated in subsection 12.4.2 if an initial provisional license to operate is denied.

7.3 A licensing specialist shall conduct a compliance review at the home 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 (6) months.

14 Del. Admin. Code § 934-II-7.0

24 DE Reg. 272 (9/1/2020)
25 DE Reg. 1017 (5/1/2022) (Final)