14 Del. Admin. Code § 934-III-15.0

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

Section 934-III-15.0 - Use of a Substitute

15.1 A licensee shall arrange for a substitute who is at least 18 years old.

15.1.1 This substitute may be available to assist in non-emergency situations but must be available in case of an emergency. OCCL defines an emergency as an unplanned event, such as a serious or sudden illness, accident, or situation, requiring the immediate attention of a licensee.

15.1.2 The substitute and licensee may both be present at the home; however, a licensee shall provide the majority of the child care duties.

15.2 A licensee shall post the substitute's name and phone number in the home and provide this information to OCCL.

15.3 A licensee shall document on the form provided by OCCL that substitutes used only for emergencies receive training in the following topics before working with children:

15.3.1 DELACARE Regulations;

15.3.2 Policies and procedures of the home including special health care concerns of the children in care, such as allergies;

15.3.3 Emergency preparedness and disaster and evacuation plans;

15.3.4 Safe sleep practices, including prevention of sudden infant death syndrome, if caring for infants;

15.3.5 Recognition of the symptoms of child abuse and neglect; and

15.3.6 Child abuse and neglect laws and reporting requirements.

15.4 A licensee shall document on the form provided by OCCL that substitutes used for non-emergency situations receive training in the following topics before working with children:

15.4.1 DELACARE Regulations;

15.4.2 Policies and procedures of the home;

15.4.3 Emergency preparedness and disaster and evacuation plans;

15.4.4 OCCL's approved Health and Safety Training for Child Care Professionals including the following topics (certificate required):

15.4.4.1 Safe sleep practices including prevention of sudden infant death syndrome;

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

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

15.4.4.4 Prevention and control of communicable diseases, including immunization;

15.4.4.5 Building and physical grounds safety;

15.4.4.6 Handling and storage of hazardous materials and proper disposal of bio-contaminants;

15.4.4.7 Administration of medication; and

15.4.4.8 Safety measures in transporting children.

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

15.4.6 CPR and first aid certifications; and

15.4.7 Administration of Medication certification.

15.5 A licensee shall keep a copy of the substitute's health appraisal, comprehensive background check results showing eligibility, and orientation record on file at the home. Also, a licensee shall ensure substitutes used for non-emergency situations have the following certificates on file:

15.5.1 Administration of medication;

15.5.2 CPR including a skills demonstration;

15.5.3 First aid;

15.5.4 OCCL's Health and Safety Training for Child Care Professionals; and

15.5.5 Recognition of the symptoms of child abuse and neglect, the child abuse and neglect law, and reporting requirements.

15.6 A licensee shall ensure the substitute has access to each child's file, knows special or emergency information about each child, and keeps all children's information private.

15.7 The substitute may provide care in the home in the absence of a licensee, or if applicable, the large family provider or large family assistant. A licensee does not need to inform OCCL or receive approval to use a substitute in the following situations:

15.7.1 Emergencies as defined in subsection 15.1;

15.7.2 Medical appointments;

15.7.3 School appointments; or

15.7.4 Time off for less than five days in a row.

15.8 The substitute may provide care in the home in the absence of a licensee, large family provider, or large family assistant. A licensee shall inform OCCL and receive approval to use a substitute in the following situations:

15.8.1 Training or classes held for three or more sessions;

15.8.2 Student teaching;

15.8.3 Internship or practicum to meet qualifications or annual training; or

15.8.4 Time off for five or more days in a row.

15.9 Before using a substitute, a licensee shall tell the parent or guardian who the substitute is and when the substitute will be caring for the children, unless it is an emergency.

15.10 A licensee shall record the date and times a substitute is present and is helping with the children or providing care. A licensee shall maintain this record for at least three months.

14 Del. Admin. Code § 934-III-15.0

25 DE Reg. 1017 (5/1/2022)
26 DE Reg. 103 (8/1/2022) (Final)