14 Del. Admin. Code § 934-III-13.0

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

Section 934-III-13.0 - General Requirements

13.1 A licensee and staff members shall be able to read, understand, and follow these regulations.

13.2 A licensee, household and staff members, may not have convictions, current indictments, outstanding warrants, or substantial evidence of involvement in an activity involving violence against a person; child abuse or neglect; possession, sale, or distribution of illegal drugs; sexual offense; gross irresponsibility or disregard for the safety of others; or serious violations of accepted standards of honesty or ethical behavior. OCCL may at its own discretion, make exceptions when it is documented that the health and safety of children would not be endangered except as prohibited by the Child Protection Registry law as defined by 29 Del.C. § 923.

13.3 An applicant may not be licensed and a licensee may not own a child care home if the applicant or licensee is prohibited by law from working in child care or is determined ineligible under the DELACARE Regulations - Background Checks for Child-Serving Entities. Applicants and licensees who have a child or children currently or permanently removed from their custody because of abuse, neglect, or dependency are prohibited from providing child care.

13.3.1 In addition, a licensee may not employ or keep in any capacity a household member or other person with direct access to children if:

13.3.1.1 Convicted of a prohibited offense, for the time listed in 31 Del.C. § 309;

13.3.1.2 Determined ineligible under the DELACARE Regulations - Background Checks For Child-Serving Entities;

13.3.1.3 Active on the Delaware Child Protection Registry for a Level III or Level IV substantiation of abuse or neglect; or

13.3.1.4 Convicted of a prohibited offense, as defined in the federal Child Care Development Block Grant Act.

13.4 When known, a licensee may not employ or keep in any capacity a person with direct access to children whose child or children are currently or were permanently removed from the person's custody because of abuse, neglect, or dependency.

13.4.1 A person who has given up or otherwise lost custody of the person's children for reasons other than abuse, neglect, or dependency shall present documentation to OCCL regarding the circumstances of this event.

13.4.2 OCCL will determine whether this individual may work or be present at the home.

13.4.3 After receiving an eligibility determination, a person who is determined ineligible or prohibited under the DELACARE Regulations - Background Checks for Child Serving Entities, is entitled to an administrative review for reconsideration. If the person requests an administrative review, the licensee and the person shall be bound by the final decision of the administrative review.

13.5 A licensee shall ensure before a person becomes a household member, staff member, or adult volunteer or within five days of a household member turning 18 years old, the person is fingerprinted by the Delaware State police for a Delaware SBI and FBI check. Beginning January 1, 2023, a licensee shall ensure before a person becomes a household member, staff member, or adult volunteer, the person is fingerprinted and the licensee has received an eligibility determination or a provisional eligibility notification before the person is present at the home.

13.5.1 Staff members shall provide the fingerprint verification form to the licensee before working with children. Beginning January 1, 2023, a licensee shall ensure before a person becomes a staff member, the person is fingerprinted and the licensee has received an eligibility determination or a provisional eligibility notification before the person is present at the home.

13.5.2 In addition to the Delaware fingerprinting, 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.

13.5.3 Staff members, household members, and adult volunteers who have resided outside of Delaware in the last five years shall contact each state of residence and request a criminal history search and a child abuse and neglect search.

13.5.4 After the out-of-state searches are completed, the licensee shall submit the results immediately to the CHU.

13.5.5 Until CHU determines a person eligible and sends an approval notice, a staff member or household member must be supervised at all times by a person who has completed the background check process and been determined eligible.

13.5.6 A staff member or adult household member may not be alone with children until CHU reviews the comprehensive background check and determines eligibility.

13.5.7 Staff members, household members, and adult volunteers shall have comprehensive background checks conducted every five years.

13.6 Within 30 days of becoming a household or staff member or a household member turning 18 years old, a licensee must provide documentation of a health appraisal conducted within the past year including a TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff to OCCL. The TB test or medical professional risk assessment must be completed within the past year.

13.7 A licensee shall ensure adult volunteers who are present for more than five days or 40 hours per year provide to the licensee a health appraisal including a TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff.

13.7.1 The health appraisal and TB test or medical professional risk assessment must be completed within one year before the adult volunteer's start date.

13.7.2 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.

13.7.3 A licensee shall keep this appraisal on file at the home.

13.8 A licensee shall ensure an adult or youth volunteer is not alone with children.

13.9 A licensee shall ensure an adult volunteer who is present for at least five days or 40 hours per year completes OCCL's approved Health and Safety Training for Child Care Professionals (certificate required).

13.10 When a concern arises, a licensee shall ensure a staff or household member provides or allows the release of information to OCCL to determine that the person does not pose a direct threat to the health, safety, or welfare of a child. OCCL may request medical, psychological, counseling, school, and probation records. OCCL may obtain information from the Department of Services for Children, Youth and Their Families.

13.11 A licensee shall ensure a staff member or household member with known health concerns that pose a direct threat to the health and safety of children provides documentation to OCCL from a health care provider. This documentation must state that the person may have direct access to or work with children and any reasonable accommodations that may be required.

13.12 A licensee shall ensure a staff or household member diagnosed or treated for a mental illness that poses a direct threat to the health and safety of children provides documentation to OCCL from a health care provider. This documentation must state that the person may have direct access to or work with children and any reasonable accommodations that may be required.

13.13 Any person present in the home may not drink alcohol or be under the influence of alcohol or illegal drugs when children are in care. Illegal drugs or substances, or non-prescribed controlled substances are prohibited from being in the home. A licensee shall ensure that the use of drugs that could adversely affect the ability to care for children is prohibited in the home.

13.14 A licensee who is working as a staff member shall have no other job during child care hours.

13.15 A licensee shall ensure providing care is the focus during the hours of care. A licensee may not take part in or allow the staff members to take part in activities that distract from providing care during that time. Examples of distracting activities include, but are not limited to, socializing or entertaining; using or watching electronics except for communicating for business reasons; doing intensive housework, chores, home repairs, or remodeling tasks; or working on hobbies or crafts.

13.16 A family or large family provider may not provide direct care for a person recovering from a long-term illness or surgery requiring nursing care at the home during the hours children are in care.

13.17 A licensee may not provide foster care or kinship care for children or adults without OCCL's prior written approval.

13.17.1 This approval must be updated annually.

13.17.2 OCCL shall count preschool-age or younger foster care or kinship care children in the capacity of the home even if they attend care somewhere else.

13.18 A licensee or staff member shall supervise a child in care at all times.

13.19 A licensee shall ensure children are not responsible for child care duties.

13.20 The maximum number of children allowed to be present at any given time will be determined by the family licensee's or large family provider's experience and qualifications, the ages of the children living in the home, the amount of usable child care space, and fire marshal and zoning limitations.

13.21 A licensee shall ensure parents and guardians can enter areas of the home used for care when their children are in care.

13.22 A licensee and staff members shall be able to do the following:

13.22.1 Understand and respect children and their families and cultures;

13.22.2 Meet the needs of children;

13.22.3 Supervise children to ensure their safety during all activities;

13.22.4 Support children's physical, intellectual, social, and emotional growth;

13.22.5 Deal with emergencies in a calm manner; and

13.22.6 Use positive behavior supports.

13.23 A licensee shall be truthful when providing information and shall direct all staff members to do the same.

13.24 A licensee shall follow all federal, state, and local laws and regulations.

14 Del. Admin. Code § 934-III-13.0

24 DE Reg. 272 (9/1/2020)
24 DE Reg. 677 (1/1/2021)
25 DE Reg. 1017 (5/1/2022)
26 DE Reg. 103 (8/1/2022) (Final)