The legal base for these licensing regulations is in 31 Del.C. §§341-345 and 29 Del.C. §9003(7).
The purpose of these regulations is to protect the health, safety, well-being, and positive development of children who receive child care in family and large family homes. These regulations reflect Delaware's minimum standards for the care, education, protection, supervision, or guidance of children in licensed family and large family homes. A licensee may choose to exceed these regulations set forth by the Office of Child Care Licensing (known hereafter as OCCL) by joining Delaware Stars for Early Success or by a licensee's own efforts.
3.1 Family child care is a licensed child care service offered by a person or a person who formed an entity. OCCL names this person or entity a licensee. A licensee provides this service on a regular basis for part of a day and children attend without a parent/guardian. A licensee is paid for the service. There are two types of family child care; a level I may have a maximum of six or five children depending on their ages and a level II may have a maximum of nine children. Children living in the home who do not attend kindergarten or a higher grade count in these numbers. These regulations describe the ages of children allowed to be present in each type. A licensee provides care, education, protection, supervision, or guidance to children in his or her private home. Child care provided only to a person's own children, grandchildren, nieces, nephews, and stepchildren does not require a family child care license.
3.2 Large family child care is a licensed child care service offered by a person or entity, such as an agency or company. OCCL names this person or entity a licensee. A licensee provides this service on a regular basis for part of a day and children attend without a parent/guardian. A licensee is paid for the service. A licensee may have a maximum of 12 children. Children living in the home who do not attend kindergarten or a higher grade count in these numbers. A licensee provides care, education, protection, supervision or guidance to children in a private home or non-residential setting. Child care provided only to a person's own children, grandchildren, nieces, nephews, and stepchildren does not require a large family child care license.
"Administrative hearing" means the hearing provided to a licensee or applicant when requesting an appeal of OCCL's decision to place the facility on an enforcement action, such as warning of probation, probation, suspension, revocation, or denial. A licensee or applicant must show evidence to dispute the action. Licensees or applicants, at their expense, may appeal hearing decisions for revocations and denials to Delaware Superior Court for a final review.
"Administrator" means the person responsible for the supervision and administration of OCCL.
"Agreement of understanding" means a document that is part of a corrective action plan or used when necessary to ensure regulation compliance.
"Applicant" means a person or entity applying for a child care license through OCCL.
"Associate caregiver" means a staff member who works under the supervision of a caregiver and provides child care at a large family child care home licensed before January 1, 2009. The associate caregiver is renamed large family assistant in these regulations.
"Background check" means a State of Delaware and federal (national) fingerprinted report of a person's entire criminal history, a Department of Services for Children, Youth and Their Families child protection registry check, and other checks as required by State or federal law.
"Business day" means a weekday Monday through Friday not including State of Delaware legal holidays that fall on a weekday.
"Capacity" means the total number of children, excluding school-age household members that may be present at one time.
"Caregiver" means the staff member responsible for the total program including providing child care at a large family child care home that was licensed before January 1, 2009. The caregiver is renamed large family provider in these regulations.
"Child abuse" means a person causes or inflicts sexual abuse on a child; or a person that has care, custody, or control of a child causes or inflicts physical injury through unjustified force, emotional abuse, torture, exploitation, maltreatment, or mistreatment as defined in 10 Del.C. §901.
"Child care" means providing care, education, protection, supervision, or guidance of children in a family or large family child care home.
"Child care licensing specialist" or "licensing specialist" means an OCCL employee responsible for performing regulatory activities including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations.
"Child care licensing supervisor" or "licensing supervisor" means an OCCL employee responsible for performing supervisory and regulatory activities including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations.
"Child neglect" means a person responsible for a child failed to provide the proper or necessary education as required by law; nutrition; or medical, surgical, or any other care necessary for the child's well-being as defined in 10 Del.C. §901.
"Child sex abuse" means an act against a child that is described as a sex offense or child exploitation as defined in 11 Del.C. §8550(2).
"Child with disabilities" means a child diagnosed by a qualified professional as having a physical, intellectual, emotional, or developmental disability, or chronic medical condition. This disability may require modifications in the regular program of activities for that child at a home as listed in an individual education program or “IEP,” individualized family service plan or “IFSP,” or as defined by applicable federal and State laws.
"Clock hour(s)" means the actual number of hours a person spends attending the instructional portion of a training designed to develop or enhance child care skills.
"Complaint investigation" means the process followed by the division to investigate accusations that a licensee does not comply with these regulations or applicable laws.
"Compliance review" means an inspection of the home, grounds, and files to determine compliance with these regulations.
"Conference" means a meeting between OCCL and a licensee to discuss non-compliance of a serious or repeated nature. If a licensee does not correct this non-compliance as stated in a corrective action plan or agreement of understanding, this may result in an enforcement action. At a conference, a licensee may also dispute non-compliance with regulations cited by a licensing specialist during a compliance review, complaint or other visit, or discuss the denial of a variance request.
"Corrective action plan" means a document listing non-compliance a licensee must correct, how to correct it, and the date OCCL requires the corrections to be completed.
"CPSC" means the U.S. Consumer Product Safety Commission.
"Denial" means the process of refusing to grant a license after OCCL receives an application.
"Department" means the Department of Services for Children, Youth and Their Families.
"Direct voice contact" means a licensee or staff member is required to speak with an OCCL licensing specialist, licensing supervisor, or administrator by calling or visiting OCCL. When direct voice contact is required, leaving a voice mail message is not acceptable.
"Division" means the Division of Family Services within the department.
"Division director" means the director of the Division of Family Services.
"DPH" means the Division of Public Health.
"Enforcement action" means an action taken by OCCL to promote compliance, such as warning of probation, probation, suspension, revocation, or denial.
"Family child care home" or "family home" means a private home in which a licensee lives and provides licensed child care.
"Family child care license" means a document issued by OCCL allowing a person or entity to operate a family home after demonstrating compliance with these regulations and other applicable codes, regulations, and laws.
"Family provider" means the person responsible for the total program including providing child care and managing the administrative aspects of a family child care home.
"Home" means both family and large family child care homes.
"Household member" means a person living in or spending the night in a family or large family home for more than 30 days within a year.
"Infant" means a child less than 12 months old.
"Institutional abuse" means a child is the subject of abuse or neglect while in out-of-home care as defined in 10 Del.C. §901.
"Large family aide" means the staff member who works under the direct supervision of the large family provider, large family assistant, or substitute and provides child care at a large family home. This staff member may not be alone with children.
"Large family assistant" means the staff member who works under the supervision of the large family provider and provides child care at a large family home. This staff member may provide direct supervision of a large family aide and meets the qualifications listed in these regulations.
"Large family child care home" or "large family home" means a private home or a non-residential property where a licensee offers licensed child care.
"Large family child care license" means a document issued by OCCL allowing a person or entity to operate a large family home after demonstrating compliance with these regulations and other applicable codes, regulations, and laws.
"Large family provider" means the staff member responsible for the total program including providing child care and, when applicable, managing the administrative aspects of a large family child care home. This staff member may supervise large family assistants, large family aides, and substitutes and meets the qualifications listed in these regulations.
"Licensee" means the owner or entity, such as a company, corporation, business, or agency, legally responsible for a family or large family home.
"Licensure" means OCCL issued a child care license when the applicant demonstrated compliance with these regulations and other applicable codes, regulations, and laws.
"NRTL" means Nationally Recognized Testing Laboratory, such as Underwriter's Laboratories.
"Office of Child Care Licensing" or "OCCL" means the agency within the department authorized under 31 Del.C. §§341-345 to promulgate and enforce regulations for child care, to license child care facilities, and to develop and implement policies and procedures.
"Overnight care" means care for a child between the hours of 10 PM and 6 AM, when four or more hours are during a child's normal sleeping hours.
"Parent/Guardian" means a birth or adoptive parent, legal guardian, or other person having responsibility for, or legal custody of, a child.
"Preschool-age child" means a child age three through five not yet attending kindergarten. If a child is older than age five and not attending kindergarten or a higher grade, OCCL considers that child in the preschool-age group.
"Private home" means a non-public residence, such as a house, duplex, townhouse, apartment, or mobile home, where a licensee lives and has control over the furnishings and use of space.
"Probation" means an enforcement action initiated by OCCL because of noncompliance with these regulations. The division director approves this action. This action directs a licensee to correct all non-compliances and maintain compliance or face revocation or denial.
"Provisional license" means a license issued for a maximum period of three months when a licensee is temporarily unable to comply with DELACARE Regulations. There can be no serious risk to the health, safety, and well-being of children. A licensee operates under a corrective action plan or an agreement of understanding. An extension beyond this time requires administrator approval.
"Regulation" means a minimum standard required for a specific part of child care established by OCCL and known as DELACARE: Regulations for Family and Large Family Child Care Homes.
"Revocation" means the process of rescinding a license during the license's effective dates withdrawing permission to operate.
"Secretary" means the Secretary of the Department of Services for Children, Youth and Their Families.
"Serious injury" means any impact or injury to a child's head or any physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of a body part.
"School-age care" means care, education, protection, supervision, or guidance for school-age children before school, after school, during school holidays, or during summer months.
"School-age child" means a child who attends or has attended a kindergarten or a higher grade out of the home.
"Staff member" means a licensee, a large family provider, a large family assistant, a large family aide, or a substitute.
"Substitute" means an adult selected by a licensee to provide child care in a family or large family home. The substitute may provide care when a licensee, large family provider, large family assistant, or large family aide is not present due to an emergency or non-emergency situation. The substitute may be present when a licensee or staff members are present but a licensee wants another person to help provide care. OCCL must approve substitutes. OCCL considers this person a staff member.
"Supervision" or "direct supervision" (of children or staff members) means a licensee or staff members are physically present in the same room or area, including outside, with children or staff, are visually monitoring the interactions of children or staff, and are alert to problems that may occur.
"Suspension order" means a letter sent by OCCL stating a licensee must stop providing child care as of a specific date. While the license is suspended, a licensee cannot provide child care.
"Toddler" means a child over 12 months old and under 36 months old.
"Variance" means OCCL's approval for a licensee to meet the intent of a specific licensing regulation in a way that is different from the way the regulation specifies. OCCL will only give this approval when the change will not endanger the health, safety, or well-being of children in care.
"Volunteer, adult" or "adult volunteer" means a person at least 18 years old who provides an unpaid service or support to a family or large family home.
"Volunteer, youth" or "youth volunteer" means a person at least 13 years old who provides an unpaid service or support to a family or large family home. OCCL must approve youth volunteers before they begin volunteering.
"Warning of probation" means an enforcement action initiated by OCCL because of noncompliance with these regulations. The administrator approves this action. This action directs a licensee to correct all non-compliances and maintain compliance or face probation or another enforcement action.
5.1 Applicants, licensees, household members, and staff members, if applicable, shall allow access to the home during the hours of operation. This includes access to information, files, documents, and if there is a question of regulatory compliance then access to unlicensed space. Access shall be granted to officials from OCCL, other State and local agencies that ensure the home is safe, and to agencies providing payment for child care services.
5.2 Applicants, licensees, household members, and staff members, if applicable, shall allow and not prevent the interviewing of a staff member, household member, child in care, or child's parent/guardian by officials from OCCL or other State and local agencies. Interviews will occur to determine compliance with these regulations and other applicable codes, regulations, or laws.
5.3 A licensee may request a conference with a licensing supervisor to dispute citations of regulation non-compliance. These citations may have occurred during a compliance review, complaint investigation, or other visit.
6.1.7 Submit current certifications in cardiopulmonary resuscitation or "CPR" 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;
6.1.8 Submit the names, addresses, phone numbers, and email addresses for three references who are familiar with, but not related to, the applicant and can describe the applicant's interactions with children;
6.1.9 Complete a 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 years. If an applicant has no former employer, the applicant shall provide information for two more references;
6.1.10 Complete fingerprinted background checks for the applicant, all adult household members, and substitutes. 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/guardian permission for a background check on a child household member and other medical, psychological, counseling, school, probation, or division records;
6.1.12 Provide health appraisals for the applicant, all adult household members, and the substitute completed within one year before the application date that includes a tuberculosis or "TB" test or risk assessment. This appraisal shall confirm the individual's health and document medical or physical conditions that may limit the person's ability to perform child care or have direct access to children and any reasonable accommodations that may be required;
In order for OCCL to grant a license, the applicant must successfully complete the application process according to OCCL's procedures. OCCL must determine compliance with these regulations and applicable provisions of Delaware Code. To operate a home, OCCL must issue a license for the site address listed on the application. This license remains the property of OCCL and is not transferable or subject to sale. A licensee must post the license. When a home sells, closes, relocates, or when the license has been suspended or revoked, the license immediately becomes void. A family home licensee must live in and provide care in a private residence. A large family home licensee may provide care in either a licensee's private residence or a commercial property, if permitted by zoning.
A licensee shall submit a completed license renewal application to OCCL 60 days before the current license expires. An application not received 60 days before the license expiration is late. OCCL may issue an annual or provisional license after a licensing specialist completes a compliance review. The existing license shall not expire until OCCL makes a decision on a timely-submitted renewal application. When a licensee submits a renewal application after the license expires, the new license will start the date OCCL received the application.
9.1 OCCL may immediately suspend a license if the health, safety, or well-being of children in care is in serious or imminent danger. A suspension order may be verbal or written and a licensee shall stop providing care. OCCL will send written follow-up to a verbal suspension order within three business days. A written suspension order shall state the reason or reasons for the enforcement action.
9.1.1 Within 10 business days after the issuance of the written order, a licensee must choose to close permanently, remain suspended until a licensee corrects the reason for the suspension, request a hearing, or remain suspended.
9.1.2 The hearing shall be scheduled and held within 10 business days of a licensee's request for a hearing. A hearing officer will be assigned who has not been involved with a licensee. The hearing officer may allow delays only for good cause.
10.1 The division may deny a license application or revoke a license to operate for failure to follow these regulations or a federal, State, or local law. An effort to give false information to the department by a licensee may result in revoking a license or denying an application. The division shall notify a licensee in writing of its intent to deny an application or revoke a license, stating the reason or reasons. This letter will describe how a licensee can appeal the decision.
10.1.2 The department must conduct the hearing within 30 days of the initial hearing request. The department will assign a hearing officer who has not been involved with the licensee. The hearing officer may allow delays only for good cause.
10.2 If a licensee requests a hearing in a timely manner, the existing license shall be valid until the department provides the final hearing decision in writing. However, OCCL may suspend a license immediately whenever the health, safety, or well-being of children in care is in serious or imminent danger.
10.3 If a licensee does not request a hearing in a timely manner as stated in subsection 10.1.1, the denial or revocation shall take effect 30 days after OCCL issued the notice. However, if the health, safety, or well-being of children in care is in serious or imminent danger, OCCL shall suspend the license immediately.
10.3.1 An applicant or licensee dissatisfied with the department's decision for a revocation or denial hearing may file an appeal within 30 business days after the mailing or delivery of the decision notice. This applicant or licensee appeals to the Office of the Prothonotary in Delaware Superior Court in the county where the home is located. A licensee or applicant shall supply a copy of the appeal to OCCL. The applicant or licensee pays for this appeal.
A licensee must comply with all regulations unless a licensee requests a variance from OCCL and receives approval. The written variance request must describe how a licensee will meet the intent of a specific regulation but in a way that is different from the way the regulation states. The change shall not endanger the health, safety, and well-being of children in care. A licensee shall keep the variance approval and make it available on request. A variance is valid only for this licensee. If a licensee fails to comply with the variance, OCCL shall cancel the variance and require the site to comply as the regulation states.
12.1 A person shall not operate or provide child care services as defined in these regulations unless OCCL issues a family or large family child care license. Anyone who operates a home without a license violates 31 Del.C. §§341-345, The Delaware Child Care Act, and shall be fined not more than $100 or imprisoned not more than three months, or both.
12.3 A licensee, household and staff members, shall 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 misconduct; gross irresponsibility or disregard for the safety of others; or serious violations of accepted standards of honesty or ethical behavior. The department 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 16 Del.C. §923.
12.4.1 Convicted of a prohibited offense, for the time listed in 31 Del.C. §309;
12.5 A licensee shall not employ or keep in any capacity a person with direct access to children whose child or children are removed from his or her custody because of abuse, neglect, or dependency. A person who has given up or otherwise lost custody of his or her children for reasons other than abuse, neglect, or dependency shall present documentation to the department regarding the circumstances of this event. The department will determine whether this individual may work or be present at the home.
12.6 Before becoming a household or staff member or within five days of a household member turning 18 years old a fingerprinted background check must be completed for the home. 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 fingerprinted background check for the home and a health appraisal including a TB test or risk assessment to OCCL.
12.7 A licensee shall ensure adult volunteers who are present for more than five days or 40 hours per year schedule a fingerprinting appointment. The volunteer shall provide a copy of the verification of fingerprinting form to the licensee within 30 days of making the appointment. The licensee shall keep this form on file at the home.
12.8 A licensee shall ensure adult volunteers who are present for more than five days or 40 hours per year provide a health appraisal including a TB test or risk assessment to the licensee. The health appraisal and TB test or risk assessment must be completed within one year before the volunteer start date. This appraisal shall confirm the person's health and document medical or physical conditions that may limit the person's ability to perform child care or have direct access to children and any reasonable accommodations that may be required. A licensee shall keep this appraisal on file at the home.
12.11 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, probation, and/or division records.
12.12 A licensee shall ensure a staff member or household member with known health problems that might pose a direct threat to the health and safety of children provides documentation to OCCL from a health care provider. This documentation shall state that the person may have direct access to or work with children and any reasonable accommodations that may be required.
12.13 A licensee shall ensure a staff member or household member diagnosed or treated for mental illness that might pose a direct threat to the health and safety of children provides documentation to OCCL from a health care provider. This documentation shall state that the person may have direct access to or work with children and any reasonable accommodations that may be required.
12.14 Any person present in the home shall not drink alcohol when children are in care. Illegal drugs or substances or controlled substances other than by the person for whom it was prescribed are prohibited from being in the home.
12.16 A licensee shall ensure providing care is the focus during the hours of care. A licensee shall 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, playing with, or watching electronics except for communicating for business reasons; doing intensive housework, chores, home repairs, or remodeling tasks; and working on hobbies or crafts.
12.18 A licensee shall not provide foster care at the home for children or adults without OCCL's prior written approval. This approval shall be updated annually. OCCL shall count preschool-age or younger foster care children in the capacity of the home even if they attend care somewhere else.
12.20 The maximum number of children allowed to be present at any given time shall 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.
13.6 School-age children not living in the home and present at the home shall count toward the capacity unless visiting a school-age household member in an area or space separate from the children in care. School-age children may only attend before school, after school, during school holidays, and during school vacations.
14.1 A licensee shall arrange for a substitute who is at least 18 years old. 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. The substitute and licensee may both be present at the home; however, a licensee shall be responsible for the majority of the child care duties.
14.5 A licensee shall keep a copy of the substitute's health appraisal, receipt of background check, orientation record, and CPR and first aid certifications (if used in non-emergency situations) on file at the home.
14.7 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 tell OCCL or receive approval to use a substitute in the following situations: emergencies as defined in subsection 14.1, medical appointments, school appointments, or time off for five or fewer days in a row.
14.8 A licensee needs to tell OCCL and receive approval to use a substitute or if applicable the large family provider or large family assistant in certain situations. These situations are training/classes held for three or more sessions, student teaching, internship or practicum to meet qualifications or annual training, or for time off of more than five days in a row for a licensee.
15.1 A licensee shall immediately call OCCL and speak to someone Monday-Friday from 8:00 AM to 4:30 PM if a child dies while in care. Leaving a message is not acceptable. If the death occurs after business hours, a licensee shall immediately call the 24-Hour Child Abuse Report Line (currently 1-800-292-9582).
15.2 A licensee shall call OCCL and speak to someone within one business day during business hours (leaving a message is not acceptable) and follow this call with a written report within three business days when the following things happen:
15.2.9 A child had a reaction to medication requiring medical treatment or received medical treatment because of a medication error, such as giving the wrong medication, giving the wrong dose, failing to give the medication, giving medication to the wrong child, or giving the medication by the wrong route; and
15.2.10 Equipment breaks that threatens the health and safety of children in care, including but not limited to lack of working toilets, interruption of running water, loss of phone service, smoke/fire alarm system failure, and heating or air-conditioning failure.
15.3 A licensee shall call OCCL and speak to someone within five business days (and send follow-up documentation to the assigned licensing specialist within 10 business days) when the following changes:
15.3.5 Licensee, household member, or staff member develops a serious health condition or is diagnosed with a mental illness that poses a direct threat to the health and safety of children (documentation from a health care provider is required that states the person may have direct access to or work with children and any reasonable accommodations that may be required); or
15.5 When possible, a licensee shall notify OCCL in writing or by direct voice contact at least 60 days before moving the home to a new address. A new license shall be required at the new address before providing care there.
16.2 A licensee shall have daily records of an infant's feeding, sleeping, diapering, and other routine activities. A licensee shall share these records with the infant's parent/guardian at the end of each day. The record shall include documentation of checking the infant every 30 minutes when the infant is sleeping, or every 15 minutes for infants and children under age two as described in subsection 42.6. These sleep checks are to make sure the infant is breathing normally and not showing signs of distress.
16.3 A licensee shall ensure each child is observed on arrival for signs of communicable disease, injury, signs of ill health as listed in Section 29.0, and signs of child abuse or neglect. A licensee shall document concerns and steps taken to assist the child. A licensee shall keep documented concerns in the child's file. A person who suspects child abuse or neglect shall make a report to the Child Abuse Report Line.
A licensee shall provide a parent/guardian with information about the right to see the home's licensing record, as stated in 31 Del.C. §398. As a part of the inquiry process, a licensee shall require the parent/guardian to read and sign The Parents Right to Know form and shall keep the form on file. A licensee shall give a copy of the form to the parent/guardian. In the event the child does not enroll, a licensee shall keep the form for three months to show the information was provided.
18.1 A licensee shall ensure that within one month of enrollment, each child's file contains a health appraisal that includes an immunization record. A health care provider must have conducted this appraisal within the last 12 months. A licensee does not need a child’s health appraisal if other federal or State laws require the home to admit a child without an appraisal. Health appraisals must be updated every 13 months. A licensee must keep the most recent appraisal on file and it shall include:
18.2 A licensee shall not require children in grades kindergarten or higher to submit additional health appraisals after a licensee receives one completed after the child began kindergarten or a higher grade.
18.3 A licensee shall ensure a child whose parent/guardian objects to immunizations on a religious basis or whose health care provider certifies that immunizations may be harmful to the child's health will be exempt from the immunization requirement. An affidavit or notarized statement is required to allow this exemption. A licensee must place this documentation in the child's file.
19.2.3 Health policy, including emergency health care that states how the parent/guardian will be notified, how the child will be transported, and what will happen if a parent/guardian cannot be reached; health exclusions listing when children are not allowed to be admitted or remain in care and what will happen when a child becomes ill and a parent/guardian cannot be reached; notification and prevention of an outbreak of a communicable disease, including a list of reportable communicable diseases, and how parents/ guardians will be informed if their children were exposed to a reportable communicable disease;
19.2.4 Food and nutrition policy, including a statement that children are encouraged but not forced to eat; approximate times of snacks and meals; how food allergies and other dietary requirements are handled; and whether a licensee or parent/guardian will provide food;
19.2.5 Release of children policy, including procedures to release children only to people approved by a parent/guardian; to check the identity of an unknown approved person before releasing the child and keep documentation of this verification; a process for the emergency release of a child; a process for handling situations in which a non-custodial parent attempts to claim the child without custodial parent/guardian permission; and a process to be followed when an unapproved person wants to pick up a child, or a person who seems to be intoxicated or unable to bring the child home safely requests release of a child;
20.1.8 If provided by the parent/guardian, a statement of the child's medical, developmental, or educational special needs, and information on allergies, current illnesses or injuries, previous serious illnesses or injuries, and needed medications;
20.1.9 Written approvals from parent/guardian for: emergency medical treatment and, if applicable, special dietary needs, swimming, administration of medication, use of electronics, sleeping on a mat as described in subsection 42.2.3, sleeping in another area as described in subsections 42.6 and 42.7, and transportation;
20.2 A licensee shall not give out or allow the use of a child's/family's information without written parent/guardian permission to do so, or unless required by officials from OCCL, the division, or other agencies responsible for issues relating to the health, safety, and protection of children.
20.3 A licensee shall update information provided by a parent/guardian as it changes. The file must be available to staff members. This file shall be available for three months after a child has left care.
21.5.1 OCCL allows an exception if a room temperature is between 60°F-67°F or 83°F-90°F and a licensee can return that room to the proper temperature within the next four hours. If the room temperature cannot be restored within four hours or the temperature is below 60°F or above 90°F, the home shall close. The home shall remain closed until the heating or cooling problem is solved.
21.12 A licensee shall post emergency phone numbers for ambulance or emergency medical services, police, fire departments (911); the Poison Control Center; and the 24-Hour Child Abuse Report Line (currently 1-800-292-9582).
21.15 A licensee shall ensure stairways over four steps used by children, inside and outside, have railings. A licensee shall use securely installed safety gates such as those approved by the American Society for Testing and Materials or "ASTM" at the top, bottom, or both locations of stairways where infants and toddlers are in care to prevent falls and access to the stairs. Gates shall have latching devices that adults, but not children, can open easily. The use of pressure or accordion gates is prohibited. If a licensee cannot set up a safety gate as stated in the manufacturer's instructions because of the home's design, then a licensee shall safely prevent infants and toddlers from accessing stairways in another way.
21.16 A licensee shall ensure that raised areas, other than stairways, over two feet in a home, such as porches, elevated walkways, and elevated play areas, have walls or barriers to prevent falls over the open side. The walls or barriers shall be at least 42 inches tall.
21.18 A licensee shall have a bathroom with a working toilet and a sink that children can use. The sink must have hot and cold running water. Children may use a bathroom that is not on the child care level if it is the only bathroom in the house.
21.21 A licensee shall ensure all flammable and hazardous materials, including matches, lighters, medicines, drugs, alcohol, cleaning products, detergents, aerosol cans, plastic bags, cords and strings from window blinds, firearms, ammunition, and other similar items are stored safely in areas out of children's reach. Hazardous liquids and powders must be labeled with the contents.
22.4 A licensee shall at least have a properly installed, battery-operated working smoke alarm. This alarm must have a safety certification mark from NRTL. A licensee shall place smoke alarms on the ceiling or six to 12 inches below the ceiling on each level of the home, basement, and all enclosed sleeping areas. A licensee shall ensure fire safety codes and on-going procedures as required by the designated fire marshal are followed.
22.5 A licensee shall ensure a working carbon monoxide alarm is near any sleeping area used by children when the home has an attached garage or equipment using fuels, such as gas, oil, propane, wood, or kerosene. This includes an oven, furnace, water heater, or fireplace. The alarm must have a safety certification mark from NRTL. The alarm shall be installed as stated in the manufacturer's instructions.
22.7 When a family home changes from Level I to Level II or a child care home moves to a new address, a licensee shall submit plans to the designated fire marshal. The licensee shall follow the fire safety codes of the designated fire marshal. A licensee shall receive fire marshal approval before offering services.
22.8 A licensee shall have an easily accessible, charged portable dry chemical fire extinguisher rated 2A-10BC or above. A licensee shall mount the fire extinguisher no more than 40 inches above the finished floor. An inspector licensed by the State fire marshal shall inspect the fire extinguisher annually.
23.3 A licensee shall ensure the home has a refrigerator to keep perishable food cold at 40°F or colder, and food stored in a freezer frozen at 0°F or colder. A licensee shall have a working thermometer in refrigerators and freezers used to store children's food.
24.1 Weather permitting, a licensee is required to provide daily outdoor play when the wind chill factor is 32°F or higher or the heat index is 89°F or lower. Outdoor play during periods outside this temperature range shall be up to a licensee, unless the National Weather Service (www.weather.gov) has issued a local advisory regarding health or safety risks. A licensee shall properly dress children for the weather.
24.2 A licensee shall provide active play and large muscle activities that consider the children's needs and whether they are able to participate. A licensee shall provide these activities either on the grounds or within safe walking distance of the home.
24.3 A licensee shall remove hazards before children begin to play outside. These hazards may include animal feces, toxic plants, broken or non-secure outdoor play equipment, building supplies and equipment, glass, sharp rocks, cigarette butts, beehives and wasp nests, a lawn mower, or debris. A licensee shall securely lock tool sheds, garages, and other outdoor buildings to prevent children from entering. Children shall be supervised while outdoors.
24.4 For a home licensed before January 1, 2009, the existing fencing of the on-site outdoor play area shall be acceptable as long as it is hazard-free and in good repair. When replacing the fencing, the new fencing shall fully comply with Section 51 for a family home and Section 56 for a large family home.
24.7 A licensee shall use materials in the outdoor play area that do not present a safety or choking hazard. These materials shall be free of unsafe contaminants, such as steel wires and unhealthy residue from deterioration.
24.8 If using gravel or stone as a ground cover for the outdoor play area, only pea gravel shall be acceptable. For homes licensed before January 1, 2009, the existing gravel or stone ground cover shall be acceptable.
A licensee shall ensure children use bicycles, tricycles, scooters, and other riding toys that are their correct size. These riding toys shall be in good condition and free of sharp edges or protrusions that may injure a child. The use of motorized riding toys by children in care is prohibited. Children over age one shall wear safety helmets while riding toys with wheels 20 inches or more in diameter. Riding bicycles, using wheeled equipment (roller blades, skateboards, etc.), and standing on scooters with handles also require children to use helmets. Children shall not share helmets unless cleaned between users by wiping the lining with a damp cloth. Helmets shall be removed as soon as children stop riding toys that require helmets.
26.1 A licensee shall ensure all children are under direct supervision while wading or swimming. During a swimming activity involving infants or toddlers, these children shall be within arm's reach of a licensee or staff member.
A licensee shall ensure pets kept by the home are cared for in a safe and sanitary way. A licensee shall keep proof of vaccinations required by State law (currently this is rabies vaccinations for dogs and cats). Poisonous or aggressive animals; animals known to be carriers of illnesses, such as ferrets, turtles, iguanas, lizards or other reptiles; birds of the parrot family; or animals sick with a disease that can be spread to humans may not be kept in rooms used by children unless children are not allowed to handle them. A licensee shall keep containers used for collecting or containing animal feces or urine out of rooms used by children. A licensee shall inform parents/guardians of animals or pets kept by the home. Children shall handle animals only with adult supervision.
28.1 A licensee shall have and follow a written emergency plan that describes what to do in case of a natural or man-made disaster. A licensee shall train staff members on the plan. The emergency plan shall include information and procedures for the following areas:
28.2 Monthly evacuation drills shall be practiced from all exit locations during different times of the day, including nap time. A licensee shall post an evacuation route diagram or exit signs. Each drill shall be documented and include:
28.3 A licensee shall develop and follow a written plan describing procedures to shelter-in-place for up to 24 hours due to a disaster. The plan shall include a list of emergency supplies kept on-site, including enough food that will not spoil, bottled water, and supplies to serve or prepare foods for one day without the use of electricity.
29.1 A licensee shall not permit a child who has symptoms listed below to enter or remain at the home. The child can only return when the symptoms are gone or with documentation from a health care provider stating the illness or symptoms pose no serious health risk to anyone. The documentation shall be written, or include a written follow-up if communicated verbally. The symptoms for exclusion shall include, but not be limited to, the following:
29.1.6 Vomiting; two or more times in the past 24 hours, or one time if accompanied by a fever until 48 hours after the symptoms end or until a health care provider determines the vomiting is not contagious and the child is not in danger of dehydration;
29.2 A licensee shall ensure temperatures for children under three years old are taken with a non-glass thermometer under the arm or by forehead scan. A digital oral thermometer may be used for children three years and older. Rectal and ear temperatures may not be taken.
29.4 A licensee shall report reportable communicable diseases to DPH. For information on these diseases, a licensee shall call DPH or refer to their website, currently http://www.dhss.delaware.gov/dhss/dph/dpc/rptdisease.html.
29.5 A licensee shall not allow a child with a reportable communicable disease to be admitted to or remain at the home unless a health care provider documents that the illness poses no serious health risk to anyone or DPH tells the licensee that the child is not a health risk to others. If the health care provider states the child can return and DPH says the child cannot return, follow DPH's instructions.
29.6 When a health care provider diagnosed a child with a reportable vaccine-preventable communicable disease, a licensee shall exclude all children who are not immunized against the disease following DPH's instructions.
30.1 A licensee shall ensure Standard Precautions are used to protect against disease and infection. Spills of body fluids (i.e. urine, feces, blood, saliva, and discharges from the nose, eyes, an injury, or other tissue) shall be cleaned up immediately, as follows:
30.1.1 For vomit, urine, and feces on surfaces including floors, walls, bathrooms, tabletops, toys, kitchen counters, diaper-changing tables, and toilet training chairs, the area shall be cleaned with soap and water, and then disinfected.
30.1.2 For blood, blood-containing fluids, and tissue discharges, a licensee shall ensure that open skin sores or mucous membranes are not touched, waterproof gloves are worn, and the area is cleaned with soap and water, and then disinfected.
30.1.3 Bloody material and disposable diapers shall be put in a plastic bag, tied securely, and thrown away. Bloody clothing shall be placed in a plastic bag, tied securely, and returned to the child's parent at pick up.
32.1 A licensee shall ensure when a child in care has an accident or injury, a licensee or staff member gives assistance to protect the child from further harm. An ambulance shall be called, if needed. The child's parent/guardian shall be informed.
32.1.1 For a serious or potentially serious injury, the parent/guardian shall be informed immediately after assisting the child. A less serious accident or injury requires a parent/guardian to be informed before the child leaves for the day.
32.1.2 A licensee shall complete and keep a report in the child's file for each accident or injury that includes the name of child, date of injury, description of injury, how it occurred, first aid and medical care given, and parent/guardian or other approved person's signature.
32.2 If a child has a medical event, such as a seizure, asthma attack, or severe allergic reaction, the parent/guardian shall be called immediately after assisting the child and contacting an ambulance if needed.
33.1 A licensee shall ensure only trained staff members, who are at least 18 years old and approved as stated in State law, give medication to children. Health care providers, nurses, or other qualified medical health personnel may also give medication to children. Written parent/guardian permission for each needed medication is required. A licensee shall return medication to the parent/guardian when it is no longer needed.
33.5 A licensee shall keep a written record of medication given to children on the Medication Administration Record or "MAR" including medication dosage, time given, who gave it, unwanted effects observed, and medication errors. Medication errors include giving the wrong medication, giving the wrong dose, failing to give the medication, giving medication to the wrong child, or giving the medication by the wrong route. Unwanted effects or errors in administering shall be immediately reported to the parent/guardian. When known, a licensee shall notify OCCL when unwanted effects or errors in administering medication results in death or medical/dental treatment as described in Section 15.0.
34.1 A licensee shall check diapers hourly for wetness and feces and when a child acts as though the diaper is wet or soiled. Diapers and other clothing shall be changed when they are found to be wet or soiled. Diaper changes for infants shall be written down. Soiled clothing shall be placed in a sealed plastic bag, labeled with the child's name, and returned to the child's parent/guardian at the end of the day.
34.1.2 A licensee shall ensure soiled reusable diapers are not emptied or rinsed but placed in a sealed plastic bag separate from a child's wet or soiled clothing. The bag must be labeled with the child's name and sent home with the child at the end of the day.
34.3 A licensee shall ensure used diapers are placed in a foot-activated trashcan that is only for diapers. This trashcan shall be within arm's reach of the changing area, lined with a plastic bag, and sanitized daily. Diapers shall be removed from the home at least daily or when needed and placed in a closed trashcan outside the home.
34.5 If using potty-chairs for toilet training, a licensee shall ensure they are located in a bathroom. Potty-chairs shall be made of a waterproof material. They shall be cleaned with soap and water and then sanitized after each use.
35.1 A licensee shall ensure areas and equipment listed in subsections 35.2 and 35.3 are washed with soap and water, and then disinfected as required. For sanitizing and disinfecting, a licensee shall ensure one of the following is used: an EPA-registered product, a commercially prepared product, or a bleach and water solution. A licensee shall follow the manufacturer's instructions for use. These products shall be labeled with the contents. Their instructions for use shall be available at all times.
36.1.1 Before and after eating or handling food, giving medications, caring for a child who may be sick, using a water-play or other sensory table/container with other children, and using shared play dough or clay; and
36.1.2 After toileting or diapering, touching blood, feces, urine, vomit, nasal or other body fluids, Handling animals or their equipment, or after coming into contact with an animal's body fluids, playing in a sandbox, outdoor play, cleaning, and taking out the garbage.
184.108.40.206 Milk: liquid pasteurized skim, 1%, or 2% cow's milk for children over two years old. Infants shall be fed formula or breast milk. One-year-old children shall be fed whole liquid pasteurized cow's milk when not on formula or breast milk;
37.6 A licensee shall ensure when a parent/guardian requests a change of meal patterns due to a medical need, such as food intolerance or allergies, the parent/guardian provides written health care provider permission for the change.
37.7 A licensee shall ensure when a parent/guardian requests a change of meal patterns due to a family's food preferences or religious belief, the parent/guardian provides a list of the foods to remove and the foods to substitute.
37.8.1 A licensee shall ensure a breakfast provided and served by a home has at least one age-appropriate serving-size item each from the milk, fruit and vegetable, and grain or bread food groups as described in the appendix.
37.8.2 A licensee shall ensure lunch or dinner provided and served by a home, has one age-appropriate serving-size item from each of the milk, meat or meat alternate, grain or bread food groups, and two items from the fruit and vegetable food group as described in the appendix.
37.8.3 A licensee shall ensure a snack provided and served by a home has at least one age-appropriate serving-size item from two of the food groups as described in the appendix. If milk or 100% juice is not included with a snack, water shall be served with that snack.
37.9 For foods prepared and served by the home, a licensee shall introduce a variety of food textures, finger foods, and a cup and utensils appropriate for self-feeding. If needed, a licensee shall cut food to prevent choking.
37.11 When foods are provided by the parent/guardian, a licensee shall ensure the foods are refrigerated as needed and not shared. There are no meal pattern requirements for foods provided by parents/guardians. A licensee shall have a plan for providing food to a child who has not brought foods to eat.
38.1.1 A parent/guardian provides a written feeding schedule listing the foods and drinks, including specific formula or breast milk, an infant eats and drinks. This schedule shall be updated monthly and as needed;
38.1.4 For infants four months or older, semi-solid foods may be fed as requested by the parent/guardian and shall be required once an infant is eight months old unless the parent/guardian provides written health care provider documentation stating otherwise;
38.1.6 An infant shall be held for bottle-feeding. When an infant is able to hold a bottle or does not want to be held while fed, the infant may be seated in a high chair or at a feeding table. Only one infant shall be held while bottle feeding;
38.1.7 A licensee shall ensure infants are allowed to take breaks during feedings. Infants shall be checked for signs of fullness and shall be allowed to stop eating when full unless written health care provider documentation requires the feeding to continue;
38.1.9 Bottles and infant foods shall be warmed for no more than five minutes under running warm tap water or by placing them in a container of water that is no warmer than 120°F. They shall not be warmed or thawed in a microwave oven;
38.1.13 Each infant's bottle shall be labeled with the infant's name, when caring for more than one bottle-fed child, and refrigerated immediately after preparation at the home or on arrival if prepared by a parent/guardian;
38.1.15 Formula shall only be prepared from a factory-sealed container; unused portions of formula shall be thrown away after being unrefrigerated for one hour; refrigerated, unused, prepared formula shall be thrown away after 48 hours;
38.1.17 Breast milk shall be fed to the infant it was intended for. Frozen breast milk shall be thawed under running cold water or in the refrigerator and used within 24 hours. Expressed breast milk in a partially used bottle or unrefrigerated for more than one hour shall be thrown away. Refrigerated, unused, expressed breast milk that was never frozen shall be thrown away after 48 hours. Breast milk that was frozen and stored in a freezer at 0°F shall be thrown away after six months;
38.1.20 A licensee shall have and follow a policy to address the needs of a child who is breastfed. This policy shall include allowing a mother to breastfeed her child at a designated place at the home that is clean, removed from public view, and not located in a bathroom.
39.1 A licensee shall interact with children at their eye level and sit on the floor with them whenever appropriate. A licensee shall offer age-appropriate activities to children throughout the day to help their development and school-readiness.
39.3 A licensee shall ensure activities and materials are adapted to support all children's learning, including those with disabilities. A licensee shall allow for services to be provided at the home for a child with an IEP or IFSP.
39.4 A licensee shall have and follow a schedule that is posted for easy viewing by parents/guardians and staff members. The schedule shall list times for the following activities: learning opportunities, indoor and outdoor play, rest, meals, and snacks. This schedule may be flexible to meet the needs and interests of the children.
39.5 A licensee shall provide chances for physical activity for each child according to the child's ability. For every three hours the child is in care between 7AM and 7PM, 20 or more minutes of physical activity shall be provided. Daily active play may be divided into one or more blocks of time. It may be indoors or outdoors.
39.6 Weather permitting, infants, toddlers, and older children shall be provided with daily outdoor play. For infants, this may include riding in a stroller or buggy, but must also include play that involves using larger muscles in their arms, legs, feet, and entire body. These may occur on a blanket or other hazard-free space.
39.8 A licensee shall ensure children are not in cribs, pack-n-plays, swings, high chairs, seats, or stationary activity centers for more than 30 minutes at a time while awake. Toddlers and infants, as appropriate shall be provided with an activity during this time. After removing the child from the equipment, children shall be able to move freely on the floor.
39.9 A licensee shall offer activities that meet the needs and interests of school-age children by providing age-appropriate activities, materials, and equipment. These activities shall include the following:
39.10 A licensee shall ensure activities, such as watching television or using a gaming device, tablet, phone, or computer are supervised, age-appropriate, and educational. These screen time activities require written parent/guardian permission and are limited to one hour or less per day, unless a special event occurs.
40.1 A licensee shall provide developmentally appropriate equipment and materials for a variety of indoor and outdoor activities. Materials and equipment shall help provide many experiences that support all children's social, emotional, language/literacy, intellectual, and physical development.
40.3 A licensee shall ensure toys and equipment used by children are sturdy, safely assembled, hazard-free, and not recalled. Toys and equipment shall not cause children to become trapped or have rough edges, sharp corners, pinch or crush points, splinters, exposed bolts, or small loose pieces. For information on the recall of children's toys and equipment, please refer to the U.S. Consumer Product Safety Commission's or "CPSC's" website, currently www.cpsc.gov.
40.4 A licensee shall have infant seats with trays and use T-shaped safety straps for table play and mealtimes for children no longer held for feeding. If using a high chair to meet this requirement, it must also have a wide base.
41.2 A licensee and staff members shall recognize and encourage acceptable behavior; supervise with an attitude of understanding and firmness; give clear directions and provide guidance at the child's level of understanding; intervene quickly to ensure the safety of the child and others; redirect children by suggesting other acceptable behaviors; and speak so children understand their feelings are acceptable, but the behavior is not. As children develop, these methods shall encourage children to control their own behavior, cooperate with others, and solve problems by talking things out.
41.5 "Time-out", if used, shall be used only as necessary to help the child gain control of behaviors and feelings. "Time-out" shall be limited to brief periods of no more than one minute for each year of a child's age. A child removed from the group during a "time-out" shall be supervised.
42.1 A licensee shall ensure the program includes times for rest or sleep appropriate to each child's individual physical needs. Sleep equipment shall meet the safety standards required by the CPSC and kept in a safe condition. The sleep area shall provide enough light to allow the children to be seen. A quiet activity shall be provided for children who have rested for 30 minutes and do not seem to need or want more rest.
42.2 A licensee shall ensure each child has clean, safe, age-appropriate sleep equipment. This may be a crib, playpen, pack-and-play (without ripped mesh), cot, bed, or mat. School-age children who do not sleep at the home do not need sleep equipment. A licensee shall label sleep equipment with the child's name or assigned chart number unless cleaned and disinfected after each use. A licensee shall document chart numbers and assignments and keep them current. Children must use their assigned equipment while enrolled in the home.
42.2.1 Mattresses and sleep equipment shall be waterproof and cleanable. Children over age one shall be provided with top and bottom covers. Clean bedding at least weekly and when soiled or wet. A tight-fitting bottom mattress sheet is required for infants.
42.2.2 Cots, mats, and crib mattresses shall be cleaned with soap and water and then sanitized weekly and when soiled or wet. Sleep equipment and bedding shall be cleaned and sanitized before being assigned to another child. Mats shall be stored so there is no contact with the sleeping surface of another mat or cleaned and disinfected after each use.
42.2.3 Each child under 18 months old who does not walk shall sleep in a crib, playpen, or pack-and-play. A child between 12 and 18 months old who walks may sleep on a cot, mat, or bed with written parent/guardian permission.
42.4.3 Cribs, pack-and-plays, and playpens shall have top rails at least 20 inches above the mattresses. The mattress shall be set at its lowest position. Latches on cribs, pack-and-plays, or playpens shall be safe, secured, and hazard-free.
42.4.4 Crib mattresses shall be firm and tight fitting to the frame and covered with a tight-fitting bottom sheet only. Pillows, bibs, blankets, bumper pads, comforters, top sheets, quilts, sheepskin, stuffed toys, sleep positioning devices (except as described in subsection 42.5), and other items are prohibited in a crib, pack-and-play, and playpen. Infants may use pacifiers in a crib. Toys or objects attached to cribs, pack-and-plays, or playpens are prohibited.
42.5 Infants shall sleep only in cribs, pack-and-plays, and playpens. Infants shall be placed on their backs when laid down to sleep as recommended by the American Academy of Pediatrics. OCCL allows an exception when the infant's health care provider documents that a physical or medical condition requires a different sleeping position or use of a sleep-positioning device. The health care provider must list the new sleep position or the device and how to use it.
42.6 The licensee may allow children in care under age two to sleep in other areas with written parent permission and documented sleep checks every 15 minutes. The other area must be on the same level of the home where care is provided. If the area or room has a door, it must remain open when a child is using the area.
43.3 A licensee shall have written parent permission for routine outings. The permission slip must state how often the outing occurs, the location of the outing, and how children will travel to the location.
43.4 A licensee shall have and follow a plan for field trips or routine outings that includes procedures for accounting for children at all times and transporting children in an emergency. Medical consent forms and emergency contact information for all children, a traveling first aid kit, and a working phone shall be taken on trips or outings. The home's name and phone number shall be on tags or another label on each child. A child's name or information that directly identifies the child shall not be placed on the child.
43.5 A licensee shall ensure children are under constant supervision whenever off-site to ensure safety. Parents/guardians volunteering for field trips shall never be alone with children other than their own.
44.1 A licensee shall ensure the driver and vehicle used to transport children complies with all applicable federal, State and local laws. The licensee shall not use 12-15 passenger vans to transport children.
44.4 A licensee shall ensure each child is secured in an individual safety restraint system appropriate to the age, weight, and height of the child at all times while the vehicle, other than a school bus, is in motion. Safety restraints shall be federally approved and labeled according to the applicable Federal Motor Vehicle Safety Standard. Child safety restraints shall be installed and used as determined by the manufacturer and vehicle's instruction manual. Safety restraints shall be kept in a safe working condition and free of recall.
44.5 A child preschool-age or younger shall only be transported on a school bus that is properly equipped with child safety restraints. With written parent/guardian permission, a child preschool-age or younger may be transported on a school bus unrestrained. A licensee shall explain to parent(s)/guardian(s) in writing that while child safety restraints on school buses for children preschool-age or younger are not currently required by State law, the National Highway Traffic Administration recommends that children in this age group always be transported using child safety restraints.
44.6 A licensee shall ensure vehicles used to transport children, including parent/guardian vehicles used for field trips (unless only transporting his or her own children), have and use the following:
44.9 A licensee shall have written parent/guardian permission for transportation provided by the home. A licensee shall document arrangements with the parent/guardian when driving children to and from the child's school. A licensee shall inform the parent/guardian who is driving the vehicle and ask about special needs the child may have during the ride.
45.3 A licensee shall meet a child's needs for attention at bedtime and upon wakening. A licensee shall discuss with the parent/guardian any special preferences or habits regarding bedtime and wakening and share this information with the staff member, if applicable, in charge of the child.
45.6.3 Children 18 months old and older may sleep in a crib, playpen, or pack-and-play if the child fits comfortably or in an individual bed with a mattress that is covered with sheets and a blanket; and
45.9 A licensee shall ensure no child is unsupervised while in a bathtub or shower. A licensee shall allow a child capable of bathing alone to bathe in private with written parent/guardian permission. A licensee or staff member, if applicable, shall respect that child's privacy but be immediately available to ensure the child's safety and to offer help if requested.
47.5.1 Sixty clock hours of training with three clock hours in each of the following areas: child development; developmental curriculum planning/environment and curriculum; observation and assessment; positive behavior management/social-emotional development; health, safety, physical activity, and nutrition; family and community; professionalism; and management and administration related to running a child care; or
47.5.2 Three college/university credits in courses related to any of the following areas: child development; developmental curriculum planning/environment and curriculum; observation and assessment; positive behavior management/social-emotional development; health, safety, physical activity, and nutrition; family and community; professionalism; and management and administration related to running a child care; or
48.1 A licensee and substitute used for planned, non-emergency situations as stated in Section 14.0 shall complete certifications in first aid and in cardio-pulmonary resuscitation or "CPR". The CPR certification shall require a skill demonstration and be appropriate to the ages of the children in care. Certifications shall be kept current.
48.2.1 Annual training shall be within three of the following areas: child development; developmental curriculum planning/environment and curriculum; observation and assessment; positive behavior management/social-emotional development; health, safety, physical activity, and nutrition; family and community; professionalism; and management and administration related to running a child care facility.
49.1 A Level I family home shall be licensed to provide child care for up to four children preschool-age or younger and for up to two additional school-age children that do not live in the family home and attend only before school, after school, during school holidays, and during school vacation;
49.3 A Level II family home shall be licensed to provide child care for up to six children preschool-age or younger and for up to three additional school-age children who do not live in the family home and attend only before school, after school, during school holidays, and during school vacation;
50.1 For the family home licensed before January 1, 2009, a licensee shall ensure the family home provides each child with space for movement and active play. If the home moves from Level I to Level II, a licensee shall provide 25 square feet of indoor space for each child in care.
50.2 For the family home licensed after January 1, 2009, a licensee shall provide 25 square feet of indoor space for each child in care to allow for movement and active play. Measurements shall be from wall to wall with the licensing specialist subtracting areas where furniture restricts children's movement to determine the square footage. OCCL will not count bathrooms, storage spaces, hallways, furnace rooms, and other areas not used by children in the square footage.
51.1 A licensee shall ensure the outdoor play area of the family home is fenced if hazards are near. Such hazards include, but are not limited to, high traffic roads, water in streams, rivers, ponds, lakes, pools, railroads, steep mounds or drop-offs, and high voltage wires or poles/towers.
The applicant shall show proof of property and comprehensive general liability insurance. This insurance shall specifically cover the large family home business. A licensee shall keep proof of insurance throughout licensure.
53.1 A licensee shall ensure a large family home is constructed, used, furnished, maintained, and equipped in compliance with all applicable requirements established by federal, State, local, and municipal regulatory bodies.
53.1.3 A licensee shall ensure the large family home is free of hazardous materials. If the large family home was constructed before 1978, a licensee shall provide a lead-paint risk assessment performed by a certified environmental testing firm showing the home to be free of lead-based paint hazards. If a firm finds concerns, a lead inspection is required. A licensee shall submit the findings of this test. Buildings constructed after 1978 are exempt from lead-paint assessments and testing.
53.2 A licensee or staff member shall conduct monthly fire prevention inspections. A licensee or staff member shall post a copy of the latest inspection report in a visible place at the large family home.
54.5 A large family home is exempt from Section 54.0 when parents/guardians provide the food for meals and snacks or a licensee uses a caterer. No food preparation may occur on-site when the large family home's kitchen does not meet the requirements in Section 54.0.
A licensee shall ensure the large family home has 35 square feet of indoor space for each child that allows for movement and active play. Measurements shall be from wall to wall with the licensing specialist subtracting areas where the furniture restricts children's movement to determine square footage. OCCL will not count bathrooms, kitchen areas, storage spaces, hallways, furnace rooms, and other areas not used by children in the square footage.
57.1 A licensee shall have written personnel policies and procedures available to staff members. These policies shall include, as appropriate, procedures for hiring, discipline, dismissal, suspension, and lay-off of the staff member according to applicable laws. A statement signed by the staff member on the orientation form shall confirm the review of these personnel policies and procedures and that the staff member was able to ask questions and receive clarification.
57.2 A licensee shall develop, follow, and keep on file written policies and procedures that comply with applicable laws for handling suspected child abuse or neglect that occurs while a child is in or out of the large family home's care.
57.4 A licensee shall take corrective action to remove the conditions that may have caused or otherwise resulted in a risk of abuse or neglect to children, if the abuse or neglect happened at the home by a staff member.
57.5 A licensee shall ensure a licensee or staff member accused of child abuse or neglect is prohibited from working with children until the results of an investigation are completed and OCCL clears the individual to work with children.
58.1 A licensee shall have a personnel file for each staff member. This file shall be available upon request for three months after employment ends. Except as noted, all file contents are required at the start of employment and shall include the following:
58.1.3 Two references from adults not related to the person who can verify the person can meet the needs of children. These references can be letters or written notes gathered by calling the reference. Phone references require the reference's name, phone number, date called, information about the staff member's character and if the reference has knowledge about how the person works with children, and the name of person receiving the reference;
58.1.4 Release of employment history form and received Service Letters, or documentation showing requests, and follow-up for Service Letters has been made. If the person has not worked or if unable to get at least one completed service letter, two additional reference letters or phone references are required;
58.1.6 Health appraisal on file within the first month of employment, conducted within one year before the start date. This appraisal shall confirm the individual's health and document medical or physical conditions that may limit the person's ability to perform child care or have direct access to children and any reasonable accommodations that may be required.
58.1.7 TB test or medical professional risk assessment on file within the first month of employment, conducted within one year before the start date, with further testing if a health care professional has concerns regarding the person's health or according to DPH's guidelines (current website: www.dhss.delaware.gov/dhss/dph/chca/files/childcaremanual.pdf);
58.1.8 A statement signed by the staff member stating the staff member's status regarding all previous conviction(s), current indictment or involvement in criminal activity involving violence against a person; child abuse or neglect; possession, sale or distribution of illegal drugs; sexual misconduct; gross irresponsibility or disregard for the safety of others; serious violations of accepted standards of honesty or ethical behavior; or a case of child abuse or neglect substantiated by the division or the respective responsible entity in another state or country;
58.1.11 Documentation acknowledging the person is aware that the use of alcohol or a drug that could negatively affect essential job functions, or unlawful possession, manufacture, or distribution of alcohol or drugs, or possession while working of a controlled substance other than by the person for whom it was prescribed is prohibited in the large family home;
58.1.15 Orientation form that includes documentation that the information in these regulations was reviewed as required, that the person received training on prevention and control of infectious diseases, including immunization; safe sleep practices, including prevention of sudden infant death syndrome; administration of medication, if applicable; prevention of and response to food allergies; building and physical grounds safety; prevention of shaken baby syndrome and abusive head trauma; emergency preparedness and response planning; storage of hazardous materials and biocontaminants; safety measures in transporting children, if applicable; and that the person was able to ask questions and receive clarification; and
59.2 The owner (now licensee), caregiver (now large family provider), or associate caregiver (now large family assistant) of a large family home that was licensed before January 1, 2009, may continue to qualify for the former positions as stated in DELACARE: Requirements for Large Family Child Care Homes (1994) only if remaining at the same large family home. Staff members hired after January 1, 2009, are required to meet the qualifications of these regulations for those positions.
59.3.1 A licensee shall be considered a staff member if present at the large family home during the hours of operation for seven or more hours per week. A licensee is required to follow all regulations regarding a staff member.
59.4 A licensee shall serve as or hire a person to serve as the large family provider at the large family home. A licensee shall ensure the large family provider is at least 21 years old, has 24 months of experience working with children in a group, has a high school diploma or its equivalent, and has successfully completed one of the following:
59.5 A licensee or large family provider licensed after January 1, 2009, shall have nine clock hours of training related to administrative duties, such as hiring staff and paying bills related to operating a child care facility, unless these duties are performed by another person or company. A written plan approved by OCCL shall be required listing the person's qualifications or company who performs these duties. If the person or company changes, a new plan is required.
59.6 A licensee shall ensure the large family assistant is at least 18 years old, has six months of experience working with children in a group, has a high school diploma or its equivalent, and has successfully completed one of the following:
59.6.1 Sixty clock hours of training with a minimum of three clock hours in each of the following areas: child development; developmental curriculum planning/environment and curriculum; observation and assessment; positive behavior management/social-emotional development; health, safety, physical activity, and nutrition; family and community; and professionalism;
59.6.2 Three college/university credits in courses related to any of the following areas: child development; developmental curriculum planning/environment and curriculum; observation and assessment; positive behavior management/social-emotional development; health, safety, physical activity, and nutrition; family and community; professionalism, and management and administration related to operating a child care facility; or
59.7 A licensee shall ensure that the large family aide is at least 18 years old and has a high school diploma or its equivalent. The large family aide shall remain under the direct supervision of the large family provider or large family assistant. The large family aide may not be alone with a child or group of children at any time.
60.1 A licensee shall ensure that within two months of hire, staff members and the non-emergency substitute have certifications in first aid and CPR. The CPR certification shall require a skill demonstration and be appropriate to the ages of the children in care. A licensee shall ensure certifications are current. The large family provider must have these certifications to open a large family home.
60.2 A licensee, present at the large family home for seven hours or more per week, large family provider, large family assistant, and large family aide shall successfully complete 15 clock hours of annual training as accepted by OCCL. Annual training shall be completed during the dates that appear on the license.
60.2.1 Annual training shall be within three of the following areas: child development; developmental curriculum planning/environment and curriculum; observation and assessment; positive behavior management/social-emotional development; health, safety, physical activity, and nutrition; family and community; professionalism; and management and administration related to operating a child care facility.
62.3 A licensee shall ensure a large family provider or large family assistant in accordance with subsection 61.3 may alone care for six children preschool-age or younger and three additional school-age children who do not live in the large family home and attend only for before school, after school, during school holidays, and during school vacation;
1. Milk, fluid (whole for 12-24 months; 2%, 1%, or fat-free for age two and older)
2. Fruit/Juice1/ or vegetable
LUNCH or DINNER – Serve the following 5 components:
1. Milk, fluid (whole for 12-24 months; 2%, 1%, or fat-free for age two and older)
2. Fruit/Juice1/ Vegetable
1 Juice: Only 100% unsweetened juice may be served.
2 Cheese must be real, natural cheese. Cheese food or cheese products may not be served.
2. Fruit /Juice1/ Vegetable
1 Juice: Only 100% unsweetened juice may be served.
2 Cheese must be real, natural cheese. Cheese food or cheese products may not be served.
3. Fruit or Vegetable or both
Cheese (No Cheese Food) 1
1 Cheese: Cheese must be real, natural cheese. Cheese food or cheese products may not be served.