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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2015

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(29 Del.C. §9003(7); 31 Del.C. §343)
9 DE Admin. Code 101
Numerous comments, both in support of proposed changes as well as additional recommendations for further revision were received during the previous formal comment period that ended January 31, 2015. Each comment requesting additional revision was reviewed by a team for possible inclusion into the revised document. Recognized subject matter experts were consulted and the diverse opinions of all individuals providing comments were considered, as well as reviewing printed best practice resources such as Caring for Our Children in the review of comments received. Comments accepted for revising the regulations are reflected in the document printed here. Recommendations reviewed but not accepted by the panel for regulation revision are not included in this publication. Each comment submitted was reviewed for possible changes to the proposed document.
3.3.6 Any public or private school that provides regular and thorough instruction through at least the sixth (6th) grade in the subjects prescribed for the schools of the State, in a manner suitable to children of the same age and stage of advancement, and that reports to the State Board of Education pursuant to Delaware Code, Title 14, Chapter 27, Subchapter I, Subsection 2704. This exclusion shall include all programs operated by such schools and shall also include preschool education programs for handicapped persons as defined by Delaware Code, Title 14, Chapter 31, Subchapter I, Subsection 3101 (4).
Administrative appeal hearing” means the process that entitles an applicant or licensee the opportunity to appeal the Division’s decision to deny or revoke a license.
"Adult" means a person who has reached his or her eighteenth (18th) birthday.
“Applicant” means an individual, agency, corporation or partnership applying for a license that is obtained from the Office of Child Care Licensing.
“Center” means the licensed early care and education and/or school-age center.
“Certified Child Care Health Consultant” means an independent contractor who has completed the National Training Institute for Child Care Health Consultant Training and is trained to assist early care and education and school-age centers with health and safety issues.
"Child" means a person who has not reached the age of eighteen (18) years.
“Child Abuse” means any physical injury to a child by those responsible for the care, custody and control of the child, through unjustified force as defined in Delaware Code, Title 11, Chapter 4, Subsection 468, emotional abuse, torture, criminally negligent treatment, sexual abuse, exploitation, maltreatment or mistreatment as defined in Delaware Code, Title 16, Chapter 9, Subchapter I, Subsection 902.
Child Neglect” means the failure to provide, by those responsible for the care, custody and control of the child, 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 Delaware Code, Title 16, Chapter 9, Subchapter I, Subsection 902.
Child Sex Abuse” means any sexual offense or child exploitation as defined in Delaware Code, Title 11, Chapter 85, Subchapter IV, Subsection 8550.
"Child with Disabilities" means a child who has been diagnosed by a qualified professional as having a physical, intellectual, emotional, developmental or chronic medical conditions(s) or impairments(s) which would require modifications(s) in the regular program of activities for that child at a Center or as defined by applicable Federal and State Laws.
“Clock Hour(s)” means the actual number of hours or time a participant spends attending the instructional portion of a training designed to develop or enhance early care and education or school–age care competencies.
“Comprehensive Professional Development System” means an organized entity within an appropriate Department within the State of Delaware that promotes and coordinates systems and activities to advance the development of the early care and education and school-age care workforce. “Delaware First” has been the name under which a comprehensive professional development system was established for early care and education and school-age care professionals in Delaware.
“Complaint” means an accusation that a Center is not in compliance with the licensing rule(s) or the licensing law(s). Complaints may be written or oral and may be anonymous.
“Corrective Action Plan” means the citing of the relevant rule(s) of non-compliance, a statement of the nature of the non-compliance, the action required to return to compliance and the date by which that compliance shall be attained.
“Delaware Firstmeans the comprehensive professional development system for early care and education and school-age care professionals in Delaware.
"Department" means the Department of Services for Children, Youth and Their Families.
“Denial” means the process of refusing to grant a license after receipt of an original or renewal application. This constitutes refusal of official permission to operate.
“Direct Child Care” means the providing of care, education, protection, supervision or guidance of children.
“Direct Observation” (of children or staff members) means that staff are physically present in the same room or area with children or other staff members, are visually monitoring the interactions of children and/or staff, and are alert to any problems that may occur.
“Direct Voice Contact” means a licensee is required to speak directly with a Licensing Specialist from the Office of Child Care Licensing through a phone call or face-to-face contact. When direct voice contact is required, leaving a voice mail message is not acceptable.
"Division" means the Division of Family Services within the Department.
Early Care and Educationmeans the care, education, protection, supervision or guidance of children beginning at birth.
“Early Childhood Administrator” means a staff member with direct responsibility for the Center’s total program of services provided to children and their families, and including, when applicable, the administrative aspects. The Early Childhood Administrator approves curriculum, and when also serving as the Early Childhood Curriculum Coordinator, develops and evaluates curriculum, and implements and/or monitors implementation of curriculum and daily activities for children at the Center. The Early Childhood Administrator supervises the Early Childhood Curriculum Coordinator, and when necessary, Early Childhood Teachers and meets the qualifications specified in Rules 24.5.1 and when applicable, 24.6, 24.7,24.9.1, and 24.9.2.
“Early Childhood Assistant Teacher” means a staff member who works under the supervision of at least an Early Childhood Teacher and performs direct child care functions and related duties and assists in the implementation of curriculum. The Early Childhood Assistant Teacher meets the qualifications specified in Rule 24.11.1 and when applicable, 24.11.2.
“Early Childhood Caregiver” means a staff member who was formerly a Caregiver at a particular Center licensed before the effective date of these rules or transfers only to a Center licensed before the effective date of these rule that is directly affiliated with the original Center and has qualified for this position at that same Center, and who works under the supervision of at least an Early Childhood Teacher and performs direct child care functions and related duties and assists in the implementation of curriculum. The Early Childhood Caregiver meets the qualifications specified in Rule 24.12.1.
“Early Childhood Curriculum Coordinatormeans a staff member who works under the supervision of the Early Childhood Administrator and is immediately responsible for the direct care, supervision, guidance and education of children at a Center. The Early Childhood Curriculum Coordinator develops and evaluates curriculum, and implements and/or monitors implementation of curriculum and daily activities for children at the Center. The Early Childhood Curriculum Coordinator may supervise Early Childhood Teachers, Early Childhood Assistant Teachers, Early Childhood Caregivers, Early Childhood Interns, Volunteers and Substitutes and meets the qualifications specified in Rules 24.8.1 and when applicable, 24.9.1 and 24.9.2.
“Early Childhood Intern” means a staff member who works under the supervision of an Early Childhood Teacher and the direct observation of at least an Early Childhood Assistant Teacher or Early Childhood Caregiver and performs direct child care functions and related duties and meets the qualifications specified in Rules 24.13.1 and when applicable, 24.13.2.
“Early Childhood Teacher” means a staff member who works under the supervision of an Early Childhood Administrator or Early Childhood Curriculum Coordinator and is immediately responsible for the direct care, supervision, guidance and education of children at a Center. The Early Childhood Teacher implements the curriculum and daily activities for a group(s) of children. The Early Childhood Teacher may supervise Early Childhood Assistant Teachers, Early Childhood Caregivers, Early Childhood Interns, Volunteers and Substitutes and meet the qualifications specified in Rule 24.10.1.
“Family” means biological or adoptive father or mother, but may be interpreted broadly to include any person, whether related to the child by blood or not, who resides with the child, takes part in the child’s family life and also may have responsibility for, or legal custody of the child.
"Field Trip" means an excursion trip or program activity off the Center property.
"Governing Body" means the person or group of persons with ultimate responsibility for and authority over the operation of a Center, as for example, an owner(s) or Board of Directors.
“Group Size” means the maximum number of children assigned to a specific staff member or group of staff members, occupying an individual classroom or well-defined physical space within a large room.
“Health Care Provider” means a professional who practices medicine with or without supervision and is sanctioned by an established licensing body. The most common types of health care providers include physicians, advance practice nurses (nurse practitioners), and physician assistants.
“Individualized Educational Program” (IEP) means a written statement of a child’s educational program which identifies the services for a child with disabilities or special needs so that he or she may grow and learn during the school year. To develop an IEP, the local education agency officials and others involved in the child’s educational program meet to discuss education related goals.
“Individualized Family Service Plan” (IFSP) means a document written at least once each year by the parent(s)/guardian(s) and personnel serving infants/toddlers with disabilities or special needs.
"Infant" means a child who is less than one (1) year old.
“Informal Hearing” means a meeting between the Division and the licensee when a temporary suspension order has been issued.
“Institutional Abuse” means when a person responsible for a child’s care in an out-of-home setting jeopardizes the well being of a child that results or may result in physical or emotional injury.
"License" means the Office of Child Care Licensing’s granting of authority through a written certification to a licensee at the Center’s location to operate under applicable State Law(s).
“Licensee” means the entity legally responsible for a licensed Center.
“Licensing Specialist” means the individual in the employment of the Department of Services for Children, Youth and their Families, Division of Family Services, Office of Child Care Licensing and is responsible for performing regulatory and enforcement activities in the licensure of early care and education and school-age centers.
"Meal" means breakfast, lunch or dinner.
"Night Care" means care for any child between the hours of 8:00 P.M. and 6:00 A.M. when the period includes any portion of the child's normal sleeping hours.
“Office of Child Care Licensing” means the organization within the Department authorized under Delaware Code, Title 31, Chapter 3, Subchapter III, to promulgate and enforce rules, regulations and standards for the conduct of child care, including the licensing thereof, and the development and implementation of policies and procedures.
“Owner” means the person(s), firm, partnership, association, organization, corporation or governmental entity with legal and/or fiscal responsibility for and authority over the operation of the Center.
"Parent(s)/guardian(s)" means a birth or adoptive parent, legal guardian or any other person having responsibility for, or legal custody of, a child.
"Preschool-Age Child" means a child three (3) through five (5) years of age who is not yet attending a public or private kindergarten program. If a child is older than five (5) years of age and is not yet attending a public or private kindergarten program, that child shall be considered in the preschool-age group until attending either kindergarten or first grade which ever comes first.
“Professional Development” means the continuous pursuit of essential knowledge and skills to develop or enhance generally accepted competencies in the early care and education and school-age care field.
"Regularly or on a regular basis" means early care and education and school-age care services which are available and provided at a Center on more than one (1) day in any one (1) week.
“Revocation” means the process of rescinding a license during the effective dates of a license. This constitutes revocation of official permission to operate.
“Secretary” means the Secretary of the Department of Services for Children, Youth and Their Families.
“School-Age Administrator” means a staff member of a School-Age Center with direct or supervisory responsibility School-Age for the Center’s total program of services provided to children and their families, and including, when applicable, the administrative aspects. The School-Age Administrator approves curriculum and also, when not assigning such duties to a School-Age Site Coordinator, develops and evaluates curriculum, and implements and/or monitors implementation of curriculum and daily activities for children at the School-Age Center. The School-Age Administrator supervises School-Age Site Coordinators and when necessary, School-Age Site Assistants and School-Age Interns, and meets the qualification specified in Rules 89.2.1 and 89.2.2.
"School-Age Care" means care, education, protection, supervision or guidance for school-age children in any of the following circumstances: before and/or after school; during school holidays; and/or summer months.
“School-Age Center” means a Center that exclusively provides care for school-age children.
"School-Age Child" means a child five (5) years of age or older or who is attending kindergarten or higher grade. A child shall be considered school-age for staff /child ratio purposes beginning the first day attending either kindergarten or first grade which ever comes first.
“School-Age Intern” means a staff member of a School-Age Center who works under the supervision of at least a School-Age Site Coordinator, or School-Age Site Assistant who is designated as responsible for the School-Age Center, and under the direct observation of at least a School-Age Site Assistant and performs direct child care functions and related duties and meets the qualifications specified in Rules 89.5.1 and when applicable, 89.5.2.
“School-Age Site Assistant” means a staff member of a School-Age Center who works under the supervision of at least a School-Age Site Coordinator and performs direct child care functions and related duties and assists in the implementation of curriculum. The School-Age Site Assistant who is designated as responsible for the School-Age Center may supervise School-Age Interns, Volunteers and Substitutes and meets the qualifications specified in Rule 89.4.1.
School-Age Site Coordinator” means a staff member of a School-Age Center who works under the supervision of the School-Age Administrator and is immediately responsible for the day-to-day operations of the School-Age Center, direct care, supervision, guidance and education of the children. The School-Age Site Coordinator implements curriculum and daily activities for children at the School-Age Center. Also, when assigned such duties, the School-Age Site Coordinator develops and evaluates curriculum, and monitors implementation of curriculum. The School-Age Site Coordinator may supervise School-Age Site Assistants, School-Age Interns, Volunteers and Substitutes and meets the qualifications specified in Rules 89.3.1 and, when applicable, 89.3.2.
"Snack" means supplemental food served between meals.
Staff or Staff Member” means any full or part time employee of a Center including substitutes or volunteers.
Substitute” means a paid staff member who is temporarily filling in for a position during the absence of a permanent staff member and works under the supervision of at least an Early Childhood Teacher, School-Age Site Coordinator, or School-Age Site Assistant who is designated as responsible for the School-Age Center, and when necessary, under the direct observation of at least an Early Childhood Assistant Teacher, Early Childhood Caregiver, or School-Age Site Assistant.
“Supervision” (of children) means the appropriate number of staff members are physically present in the area or room where children are being cared for and are providing watchful oversight and timely attention to the children’s actions and needs.
“Supervision” (of staff) means performing monitoring and evaluation functions of assigned staff which includes the observation of interactions of assigned staff with children and families, staff’s adherence to the Delacare: Rules for Early Care and Education and School-Age Centers, and the Center’s policies and procedures. When performing monitoring functions, supervisory staff shall be physically present in the same room or area as assigned staff and directly observe staff to monitor on-going interaction with children.
“Suspension Order” means a notice issued by the Office of Child Care Licensing that the license to operate a Center has been suspended.
"Toddler" means a child who is one (1) to three (3) years of age.
"Training" means successful participation in an organized professional development activity that is approved or accepted by the Office of Child Care Licensing as designed to develop or enhance the early care and education or school-age care competencies.
“Variance means the nontransferable written authorization issued by the Division to use alternative means which meet the intent of the specific licensing rule(s) and is based on the need(s) or circumstance(s) of the Center.
“Volunteer” means any person who provides an unpaid service or support to a Center. Volunteers shall be under the supervision of at least an Early Childhood Teacher, School-Age Site Coordinator, or School-Age Site Assistant who is designated as responsible for the School-Age Center and, when necessary, under the direct observation of at least an Early Childhood Assistant Teacher, Early Childhood Caregiver, or School-Age Site Assistant.
“Working Day(s)” means any weekday Monday through Friday but not including the weekend (Saturday and Sunday) and a State of Delaware legal holiday that falls on a weekday.
An investigation by the Office of Child Care Licensing shall be made if a complaint is received regarding these rules, Delacare: Rules for Early Care and Education and School-Age Centers. The Office of Child Care Licensing shall notify the licensee that a complaint is being investigated. The results of the Office of Child Care Licensing’s investigation shall be reported in writing to the Center investigated. If the complaint is substantiated or if any other violations are found as a result of the investigation, the licensee shall be required to abate the violations and come into full or substantial compliance with State Law and the rules and regulations promulgated by the Office of Child Care Licensing.
18.4.15 The original copy of The Parents Right to Know Act form signed by the parent(s)/guardian(s).
21.1.1 Written report from a health care provider of a health appraisal attesting to the health of the staff member, including the ability to perform essential job functions as described in Rule #134, completed within one (1) year prior to the date of employment and on file with the Center within the first month of employment;
24.10.1 A licensee shall ensure that either the Early Childhood Administrator or Early Childhood Curriculum Coordinator has successfully completed three (3) college/university credits, which may be included in the total number of college/university credits required for the position, or forty-five (45) clock hours of training in infant and/ or toddler development and curriculum if the Center serves infants and/or toddlers.
24.14.1.1 At least successful completion of either Delaware First’s “Introduction to Child Care” or “Child Development” completed within twelve (12) months of employment; or
Older Preschool Child 4 to 5 Years or older (Or not yet in K* or first grade which ever comes first)
School-Age Child 5 Years or older (Or at least in K* or first grade which ever comes first)
33.7.2 The materials used in the fall zone shall follow the instructions as listed in the most recent publication of the United States Consumer Product Safety Commission’s (CPSC) Handbook for Public Playground Safety regarding critical heights of tested materials (see CPSC website at http://www.cpsc.gov/cpscpub/pubs/325.pdf - Table - Critical Heights (in feet) of Tested Materials (currently on page 5 of the CPSC document); or
72.2.3 Delaware Early Learning Foundations for School Success regarding preschoolers is on the Delaware Department of Education website at http://www.doe.k12.de.us/early_childhood/Standards/preschool.htm
72.2.4 Delaware Infant and Toddler Early Learning Foundations: A Curriculum Framework regarding infants and toddlers is on the Delaware Department of Education website at http://www.doe.k12.de.us/early childhood/Standards/InfantToddlerFoundationStandards.pdf
89.4.1.1.1 400 hours experience shall be equivalent to one (1) year of part time employment providing care to children during a school year (September to June) or full time employment providing care to children during the majority of one (1) summer season (June through August); or
89.4.1.2 At least successful completion of Delaware First’s “Introduction to Child Care” or “Child Development” completed within twelve (12) months of employment and 800 hours of experience working with children school age or younger in a group setting;
89.5.1.1 At least successful completion of Delaware First’s “Introduction to Child Care” or “Child Development” completed within twelve (12) months of employment.
The legal base for these licensing regulations is in 31 Delaware Code, Sections 341-345 and 29 Delaware Code, Section 9003(7).
3.3.7 A public or private school that provides regular and thorough instruction through at least the sixth grade in the subjects prescribed for the schools of the State, in a manner suitable to the children of the same age and stage of advancement, and that reports to the State Board of Education pursuant to 14 Delaware Code, Section 2704. This exclusion shall include all programs operated by these schools and shall also include preschool education programs for people with disabilities as defined by 14 Delaware Code, Section 3101(4).
3.4 A person, organization, or entity shall not operate or provide child care services as defined in these regulations unless a license to do so is issued by the OCCL. Anyone who violates a provision of 31 Delaware Code, Sections 341-345, known as The Delaware Child Care Act, may be fined not more than $100 or imprisoned not more than three months, or both.
Administrator” means the individual responsible for the supervision and administration of the OCCL.
Adult” means a person who has reached the age of 18 years.
Administrative hearing” (also known as “appeal hearing”) means the hearing provided to a licensee or applicant when the licensee or applicant requests an appeal of the OCCL’s decision to place the facility on the enforcement action of warning of probation, probation, or to suspend or revoke a license, or deny a license application by presenting evidence to contest the action. A licensee or applicant, at their expense, may appeal hearing decisions of license revocations and license application denials to the Delaware Superior Court for a final review.
Agreement of Understanding” means a formal written document that is part of a corrective action plan or used when deemed necessary to ensure regulation compliance.
Applicant” means the individual, president of the corporation, managing member of the Limited Liability Corporation or LLC, or entity that is responsible for and has authority over the operation of the center.
Background check” means a State of Delaware and federal (national) fingerprinted report of a person’s entire criminal history including a search of the Department’s child abuse and neglect records, and a search of the Department of Health and Social Services’ adult abuse registry, or other checks as required by State or federal law.
Business day” means a weekday Monday through Friday not including the weekend (Saturday and Sunday) or a State of Delaware legal holiday that falls on a weekday.
Center” means the licensed early care and education or school-age center.
Child” means a person who has not reached the age of 18 years.
Child abuse” means causes or inflicts sexual abuse on a child; or a person that has care, custody, or control of a child and causes or inflicts physical injury through unjustified force, emotional abuse, torture, exploitation, maltreatment or mistreatment as defined in 10 Delaware Code, Section 901.
Child care also known as “early care and education” means the providing of care, education, protection, supervision, or guidance of children.
Child care licensing specialist” also known as “licensing specialist” means an employee of the OCCL who is responsible for performing regulatory activities including monitoring, investigations, enforcement actions, and decisions for licensure as set forth in Delaware Code and these regulations.
Child care licensing supervisor” also known as “licensing supervisor” means an employee of the OCCL who is responsible for performing supervisory and regulatory actions including monitoring, investigations, enforcement actions, and decisions for licensure as set forth in Delaware Code and these regulations.
Child neglect” means the failure to provide, by those responsible for the care, custody, and control of the child, 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 Delaware Code, Section 901.
Child sex abuse” means an act against a child that is described as a sex offense or child exploitation as defined in 11 Delaware Code Section 8550(2).
Child with disabilities” means a child who has been diagnosed by a qualified professional as having a physical, intellectual, emotional, developmental, or chronic medical condition or impairment which would require modifications in the regular program of activities for that child at a center or as defined by applicable federal and State laws.
Clock hour(s)” means the actual number of hours or time a participant spends attending the instructional portion of training designed to develop or enhance early care and education or school-age care competencies.
Complaint investigation” means the process followed by the division to investigate effectively accusations that a licensee is not in compliance with these regulations or applicable laws.
Core topic areas or core areas” means training in child development; developmental curriculum planning/environment and curriculum; positive behavior management /social-emotional development; observation and assessment; health, safety, physical activity, and nutrition; family and community; professionalism; and management and administration.
Corrective action plan” means a written document listing non-compliance that must be corrected, how it must be corrected, and the date by which it must be corrected.
Delaware First Professional Development System” means the professional development system for early child care and education and school-age care professionals in Delaware.
Department” means the Department of Services for Children, Youth and Their Families.
Denial” means the process of refusing to grant a license after receipt of an application. This constitutes refusal of official permission to operate.
Designated representative” means the person who has been assigned by the licensee/organization/corporation to act on behalf of the licensee/organization/corporation and granted authority over program operations and to represent the licensee/organization/corporation in dealings with the OCCL.
Direct child care” means the providing of care, education, protection, supervision, or guidance of children.
Direct observation” (of children or staff members) means that staff are physically present in the same room or area with children or other staff members, are visually monitoring the interactions of children or staff, and are alert to problems that may occur.
Direct voice contact” means a licensee or staff member is required to speak directly with a licensing specialist, licensing supervisor, or administrator from the OCCL through a phone call or face-to-face contact. 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.
Early care and education” also known as “child care” means the care, education, protection, supervision, or guidance of children beginning at birth.
Early childhood administrator” means a staff member with direct responsibility for the center’s total program of services provided to children and their families, and including when applicable, the administrative aspects. The early childhood administrator approves curriculum, and when also serving as the early childhood curriculum coordinator develops and evaluates curriculum and implements or monitors implementation of curriculum and daily activities for children at the center. The early childhood administrator supervises all staff and meets the qualifications specified in these regulations.
Early childhood aide” means a staff member who performs direct child care functions and related duties in this time-limited entry level position, works under the supervision of at least an early childhood teacher and the direct observation of at least an early childhood assistant teacher or early childhood caregiver, has not completed the approved training required for the position of early childhood intern, can never be alone with children, and meets the qualifications specified in these regulations.
Early childhood assistant teacher” means a staff member who performs direct child care functions and related duties, works under the supervision of at least an early childhood teacher and assists in the implementation of curriculum. This individual may supervise early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications specified in these regulations.
Early childhood caregiver” means a staff member who was formerly a caregiver at a particular center licensed before the effective date of the January 1, 2007, regulations or transfers only to a center licensed before the effective date of the January 1, 2007, regulations that is directly affiliated with the original center and has qualified for this position. This individual works under the supervision of at least an early childhood teacher and performs direct child care functions and related duties and assists in the implementation of curriculum. This individual may supervise early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications specified in these regulations.
Early childhood curriculum coordinator” means a staff member who works under the supervision of the early childhood administrator and may be responsible for the direct care, supervision, guidance, and education of children at the center. The early childhood curriculum coordinator develops and evaluates curriculum and implements or monitors implementation of curriculum and daily activities for children at the center. This individual may supervise early childhood teachers, early childhood assistant teachers, early childhood caregivers, early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications specified in these regulations.
Early childhood curriculum coordinator without a degree” means a staff member who may fill this position provided that the early childhood administrator is fully qualified as described in these regulations with at least a bachelor’s or associate degree from a regionally accredited college or university. This individual may be responsible for the direct care, supervision, guidance, and education of children at the center. The early childhood curriculum coordinator without a degree develops and evaluates curriculum and implements or monitors implementation of curriculum and daily activities for children at the center. This individual may supervise early childhood teachers, early childhood assistant teachers, early childhood caregivers, early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications specified in these regulations.
Early childhood intern” means a staff member who performs direct child care functions and related duties and works under the supervision of an early childhood teacher and the direct observation of at least an early childhood assistant teacher or early childhood caregiver. This individual can be alone with children as specified in these regulations and meets the qualifications specified in these regulations.
Early childhood teacher” means a staff member who performs direct child care functions and related duties, works under the supervision of an early childhood administrator or early childhood curriculum coordinator, and is immediately responsible for the direct care, supervision, guidance, and education of children at a center. The early childhood teacher implements the curriculum and daily activities for a group of children. The early childhood teacher may supervise early childhood assistant teachers, early childhood caregivers, early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications specified in these regulations.
Enforcement action” means an administrative action or group of actions taken to promote compliance, such as warning of probation, probation, suspension, revocation, or denial of a license application.
Experience” means the practical knowledge or skill gained from documented direct participation in working with children birth through second grade in a group setting for early care and education positions or with children kindergarten through sixth grade in a group setting for school-age positions.
Family” means a biological or adoptive father or mother, but may be interpreted broadly to include a person, whether related to the child by blood or not, who resides with the child, takes part in the child’s family life, and also may have responsibility for or legal custody of the child.
Field trip” means an excursion trip or program activity off the licensed site and is not a routine program outing.
Governing body” means the person or group of people with ultimate responsibility for and authority over the operation of a center, as for example, an owner or Board of Directors.
Group size” means the maximum number of children assigned to a specific staff member or group of staff members, occupying an individual classroom or well-defined physical space within a large room.
Health care provider” means a professional who practices medicine with or without supervision and is sanctioned by an established licensing body. The most common types of health care providers include physicians, advance practice nurses or nurse practitioners, and physician assistants.
Individualized educational program” or IEP means a document written at least yearly about the required services and education program, usually for a child three years of age or older with an identified disability.
Individualized family service plan” or IFSP means a document written at least yearly about the required services for an infant or toddler (ages 0-two years) with an identified disability.
Infant” means a child who is less than one year old.
Institutional abuse” means a child is the subject of abuse or neglect as defined in Delaware Code, Title 10, Chapter 9, Section 901 while in out of home care.
License” means the document issued by the OCCL granting authority to a licensee at the center’s location to operate under applicable State laws.
License extension” means the process by which the period of an annual license is lengthened by an additional month because all conditions to issue an annual license have not been met and are not in the control of the licensee.
Licensee” means the owner or entity legally responsible for a licensed center.
Licensing conference” means a meeting between the OCCL and the licensee to discuss non-compliance of a serious or repeated nature, which, if not corrected on time under the terms of a corrective action plan or Agreement of Understanding and in an acceptable manner that meets the intent of these regulations, may result in an enforcement action. A licensing conference can also be used by a licensee to dispute non-compliance with regulations cited by a licensing specialist during a compliance review, complaint, or other monitoring visit, or to discuss the denial of a variance request.
Licensure” means the issuing of a child care license by the OCCL when the applicant has demonstrated compliance with these regulations and applicable codes, regulations, and laws.
Meal” means breakfast, lunch, or dinner.
Night care” means care for a child between the hours of 8 p.m. and 6 a.m. when the period includes a portion of the child’s normal sleeping hours.
Office of Child Care Licensing” or OCCL means the organization within the department authorized under 31 Delaware Code, Sections 341-345 to promulgate and enforce regulations and standards for the conduct of child care, including the licensing thereof, and the development and implementation of policies and procedures.
Parent/Guardian” means a birth or adoptive parent, legal guardian, or other person having responsibility for, or legal custody of, a child.
Plan review” means the document submitted to and approved by the OCCL by an applicant requesting opening of a new center or by a licensee for an expansion or renovation of a licensed building’s indoor or outdoor space to ensure compliance with these regulations.
Policy” means an organized plan that is designed to determine and guide decisions, actions, and other matters and is reviewed and updated at least yearly. When changes are made, the updated information must be given to the appropriate people.
Preschool-age child” means a child three through five years of age who is not yet attending a public or private kindergarten program. If a child is older than five years of age and is not yet attending a public or private kindergarten program, that child shall be considered in the preschool-age group until attending kindergarten or first grade, whichever comes first.
Probation” means a written notice of a specific enforcement action initiated by the OCCL and approved by the division director, which directs the licensee to correct all non-compliances and maintain compliance or face revocation or denial of the license application.
Professional development” means the essential knowledge and skills to develop or enhance generally accepted competencies in the early care and education and school-age field.
Provisional license” means a license issued for a maximum period of three months when the licensee is temporarily unable to comply with DELACARE Regulations and when there is no serious risk to the health, safety, and well-being of children and the licensee has agreed to fulfill and operate under conditions as stated in a corrective action plan or an Agreement of Understanding. An extension beyond this time period requires the approval of the administrator. A licensee may not operate on a provisional license for more than 12 consecutive months.
Quality-assured training” means training of the highest quality that is monitored to ensure that the content of the training is research-based and aligned with State standards for the field.
Regularly or on a regular basis” means early care and education and school-age care services which are available and provided at a center on more than one day in a week.
Regulation” means a baseline or minimum standard required for a particular aspect of child care set forth in Delaware Administrative Code as established by the OCCL and known as Delacare: Regulations for Early Care and Education and School-Age Centers.
Revocation” means the process of rescinding a license during the effective dates of a license withdrawing official permission to operate.
Routine program outing” means an activity occurring at least weekly for children that appears on the posted classroom activity schedule and involves children leaving the center’s premises, such as a routine walk to a playground or a walk around the block.
Secretary” means the Secretary of the Department of Services for Children, Youth and Their Families.
Section 504 Plan” means a document describing accommodations provided to a child to ensure full participation at the center.
Serious injury” means a 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 administrator” means a staff member of a school-age center with direct or supervisory responsibility for the school-age center’s total program of services provided to children and their families including, when applicable, the administrative aspects. The school-age administrator approves curriculum and also, when not assigning such duties to a school-age site coordinator, develops and evaluates curriculum and implements or monitors implementation of curriculum and daily activities for children at the school-age center. The school-age administrator supervises all school-age staff and meets the qualifications specified in these regulations.
School-age aide” means a staff member of a school-age center who performs direct child care functions and related duties in this time-limited, entry level position, who works under the supervision of at least a school-age site coordinator and the direct supervision of at least a school-age site assistant, has not completed the approved training required for the position of school-age intern, can never be alone with children, and meets the qualifications specified in these regulations.
School-age care” means care, education, protection, supervision, or guidance for school-age children before or after-school, during school holidays, or during summer months.
School-age center” means a center that exclusively provides care for school-age children.
School-age child” means a child who is attending kindergarten or a higher grade. A child shall be considered school-age for staff/child ratio purposes beginning the first day of attending kindergarten or first grade, whichever comes first.
School-age intern” means a staff member of a school-age center who performs direct child care functions and related duties, works under the supervision of at least a school-age site coordinator or school-age site assistant who is designated as responsible for the school-age center. This individual works under the direct observation of at least a school-age site assistant, can be alone with children as specified in these regulations, and meets the qualifications specified in these regulations.
School-age site assistant” means a staff member of a school-age center who performs direct child care functions and related duties, works under the supervision of at least a school-age site coordinator, and assists in the implementation of curriculum. The school-age site assistant who is designated as responsible for the school-age center may supervise school-age interns, school-age aides, volunteers, and substitutes and meets the qualifications specified in these regulations.
School-age site coordinator” means a staff member of a school-age center who performs direct child care functions and related duties, works under the supervision of the school-age administrator, and is immediately responsible for the day-to-day operations of the school-age center, direct care, supervision, guidance, and education of the children. The school-age site coordinator implements curriculum and daily activities for children at the school-age center. Also, when assigned such duties, the school-age site coordinator develops and evaluates curriculum, and monitors implementation of curriculum. The school-age site coordinator may supervise school-age site assistants, school-age interns, school-age aides, volunteers, and substitutes and meets the qualifications specified in these regulations.
Service Letters as required by the Delaware Department of Labor, 19 Delaware Code, Section 708, shall be sent to an employee’s current or last employer and all previous child care and health care employers for the past five years before the first day of employment or, if applicable, volunteering.
Snack” means supplemental food served between meals.
Staff or staff member” means a full- or part-time employee of a center including all substitutes and any volunteer working over five days or 40 hours a year.
Substitute” means a paid staff member who is temporarily filling in for a position during the absence of a permanent staff member and works under the supervision of at least an early childhood teacher, school-age site coordinator, or school-age site assistant who is designated as responsible for the school-age center. If not qualified to be alone with children, the substitute shall work under the direct observation of at least an early childhood assistant teacher, early childhood caregiver, or school-age site assistant.
Successful completion” means earning at least a grade of C or its equivalent in early childhood education or child development course work from a regionally accredited college or university or completion of a quality-assured training course.
Supervised experience” means successful completion of the process specified by the OCCL to reduce the amount of experience required to qualify for designated early childhood and school-age positions.
Supervision of children” means the appropriate number of staff members are physically present in the area or room, including outside, where children are being cared for and are providing watchful oversight and timely attention to children’s actions and needs.
Supervision of staff” means performing monitoring and evaluation functions of assigned staff which includes the observation of interactions of assigned staff with children and families, staff’s adherence to these regulations, and the center’s policies and procedures. When performing monitoring functions, supervisory staff shall be physically present in the same room or area as assigned staff and directly observe staff to monitor on-going interaction with children.
Suspension order” means a notice issued by the OCCL directing that a center’s services be discontinued as of a specified date with no services to children provided during the term of the suspension order, and that the license to operate a center has been suspended.
Toddler” means a child who is between the age of 12 months and less than 36 months of age.
Training” means an organized professional development activity that is approved or accepted by the OCCL as designed to develop or enhance the early care and education or school-age competencies.
Variance” means the nontransferable written authorization issued by the division to use alternative means which meet the intent of the specific licensing regulation and is based on the need or circumstance of the center and does not endanger the health, safety, or well-being of children in care.
Volunteer” means a person who provides an unpaid service or support to a center. A volunteer shall be under the supervision of at least an early childhood teacher, school-age site coordinator, or school-age site assistant who is designated as responsible for the school-age center. If not qualified to be alone with children and working with children, a volunteer shall work under the direct observation of at least an early childhood assistant teacher, early childhood caregiver, or school-age site assistant.
Warning of probation” means a written notice of a specific enforcement action initiated by the OCCL and approved by the administrator of OCCL, intended to alert the facility that it has committed or accumulated sufficient serious violations of these regulations which, if not promptly corrected, could lead to a recommendation to place the facility on probation or other enforcement action.
7.1 A separate application shall be made for each center address. A separate license is not required for a center that operates in two or more buildings at the same address.
17.2 A licensee shall provide a prospective purchaser of care with information detailing the individual’s right to inspect the active record and complaint files of the center as described in 31 Delaware Code, Section 398. As a part of the enrollment or application process, the licensee shall require the parent/guardian of children who are enrolled to read and sign The Parents Right to Know Act form and keep the signed document on file at the center. A copy of the signed document shall be given to the parent/guardian. In the event that the parent/guardian does not enroll the child, the signed document shall be kept on file for a minimum period of three months as proof of presenting the information.
18.1 A licensee shall provide written policies and procedures for the routine and emergency release of children, including the following, to the parent/guardian of children in attendance, staff, substitutes, and volunteers:
20.1.9 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; or serious violations of accepted standards of honesty or ethical behavior; or a case of child abuse or neglect substantiated by the Division of Family Services or the respective responsible entity in another state or country;
22.4 A licensee shall complete an adult abuse registry check through the Department of Health and Social Services’ website [http: dhss.delaware.gov/dhss/dltcrp/Default.aspx] or other available mechanism for staff members on or before their first day of employment. The results are to be printed and added to the staff member’s file.
22.5 A licensee shall not employ or retain a person as a staff member who is prohibited or disqualified from working in child care in Delaware. The licensee shall not employ or retain in any capacity a person convicted of an offense defined as child sex abuse in 11 Delaware Code, Section 8550 or whose child or children are currently removed from this individual’s custody because of abuse or neglect or who are on the Child Protection Registry at a Level III or Level IV.