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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsApril 2017

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The Department published its notice of proposed regulation changes pursuant to 29 Delaware Code Section 10115 in the February 2017 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by March 3, 2017 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
Pub. L. 113-186; Child Care and Development Block Grant (CCDBG) Act of 2014
42 USC §9858; Child Care and Development Block Grant, authorization of appropriations,
45 CFR 98; Child Care and Development Fund
81 FR 67438; Federal Register Child Care Development Fund
DSS published this proposed regulation in the December 2016 Delaware Register. These regulations were erroneously published under the Division of Medicaid and Medical Assistance. In order to promote transparency and ensure that all applicable parties have an opportunity to participate in the public comment process, DSS has chosen to republish these regulations for further public review and comment.
In accordance with the federal public notice requirements established at Section 1902(a)(13)(A) of the Social Security Act and 42 CFR 447.205 and the state public notice requirements of Title 29, Chapter 101 of the Delaware Code, Delaware Health and Social Services (DHSS)/Division of Social Services (DSS) gives public notice and provides an open comment period for thirty (30) days to allow all stakeholders an opportunity to provide input on the Delaware Social Services Manual provisions regarding Purchase of Care Licensing Requirements. Comments must be received by 4:30 p.m. on March, 3 2017.
Agency Response: The Division of Social Services (DSS) appreciates the comment regarding the fact that the proposed regulation does not provide the rationale for retaining the exemption for persons coming into a child's home and relatives who provide care in their home. We would like to begin by clarifying that the final rule does not require that license exempt providers that serve children receiving CCDF funding become licensed. The final rule requires an annual inspection of all license exempt providers who serve children receiving CCDF funding; and that all licensing inspectors conducting these annual inspections should be qualified to do so. We as a state proposed that the only way to comply with the new regulations was to require that all exempt providers become licensed. The final rule exempts Relative Care Providers; therefore Delaware exempts Relative Care Providers. These providers are however required to receive 28 hours of training which includes pre-service training. This training includes topics such as "safe sleep", "CPR/First Aid", "Child Development", etc. Relative Care providers have 12 months to complete the required 28 hours of training and must complete 3 hours of health and safety training annually. This training is facilitated by the University of Delaware Institute for Excellence in Early Childhood. Relative Care Providers, which includes providers who come into a child's home to provide care, and are monitored by the Purchase of Care Child Care Monitors.
Monitoring requirements. Section 658E(c)(2)(K) of the CCDBG Act requires that Lead Agencies conduct monitoring visits for all child care providers receiving CCDF funds, including license-exempt providers (except, at Lead Agency option, those that only serve relatives).
Agency Response: DSS appreciates the comment regarding the ambiguity of the above statement and has revised the summary to read as follows: "The final rule requires that all providers who serve children receiving CCDF funding be trained in all health and safety topics and be inspected annually by qualified licensing inspectors. In order to comply with this new regulation the state of Delaware will now require all license exempt providers who serve children receiving CCDF funding to become licensed through the Office of Child Care Licensing. Relative Care providers will remain exempt."
Agency Response: DSS appreciates this comment. The double time code was originally intended for providers who kept children for a 24 hour period. As this practice would now be a violation of licensing regulation DSS removed the code from its eligibility system.
Agency Response: DSS appreciates the Department's comment regarding financial impact of this new regulation on prospective applicants. While there may be some financial impact, the final rule will not result in a significant economic impact on a substantial number of small entities. To date there are a total of 18 License Exempt providers that would be effected. The primary impact of the Act and this final rule is on the State because the rule articulates a set of expectations for how grantees are to satisfy certain requirements of the Act. The health and safety provisions in the rule will likely have the most significant impact; however there are some no/low cost options for providers such as DEPDNow and Better Kid Care's Health and Safety Training courses.
Agency Response: DSS appreciates the comment regarding the potential impact of the final rule on your agency's workload and its ability to meet time lines. Currently there are 18 license exempt providers who will be affected by the proposed regulation. At the time of this writing there were 16 Licensing Specialist statewide which means an increase of approximately one provider per specialist.
Agency Response: DSS appreciates your comment regarding this missing piece of information and agrees to revise this statement to read as follows: "All family child care homes, large family child care homes, and child care centers must have a license to operate in Delaware. Do not allow a parent to select an unlicensed family or large family child care home, or center child care provider."
Agency Response: DSS appreciates the Department's comments regarding any confusion about Delaware Health and Social Services' authority where licensed providers are concerned. DHSS is aware that licensing authority rests solely with the Office of Child Care Licensing. DHSS only intended to make the public aware that the Department now requires all exempt providers who serve children receiving CCDF funding to become licensed. This new requirement is a result of the CCDF Final Rule which requires that all providers, who serve children receiving CCDF funding, be trained in specific health and safety topics; and be inspected annually by qualified licensing inspectors. The Department determined that requiring license exempt providers to become licensed was the most prudent way to comply with this new regulation.
Agency Response: DSS appreciates your comment and suggestion regarding the wording of number #3 under this section and will revise the sentence to read as follows: "providers and those 18 and older who live in the home where care is being provided are required to submit to a fingerprinted background check and must not have any prohibited criminal convictions or prohibited child abuse and neglect substantiations as designated under 31 Delaware Code, Section 309, 16 Delaware Code, Section 923 and the Child Care Development Block Grant Act of 2014."
SUGGESTED REWORDING: E. The provider will need to complete and return the original copy of the actual child care certificate before Case Managers can authorize care. Relative and non-relative providers will also complete and return the Child Abuse/ Neglect History Clearance Form or forms yellow copy of the License Exempt Provider Criminal History and Child Abuse and Neglect Background Check Request form for all members persons 18 and older living in the home. If this form is not returned, discontinue care. Other exempt providers will need to keep a completed child/abuse and criminal history declaration statement on file for each child care staff member.
Agency Response: DSS appreciates your comment and has revised the regulation to read as follows: "The provider will need to complete and return the original copy of the actual child care certificate before case managers can authorize care. Relative care providers will also complete and return the yellow copy of the License Exempt Provider Criminal History and Child Abuse and Neglect Background Check Request for all persons 18 and older living in the home. If this form is not returned, discontinue care."
THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Delaware Social Services Manual (DSSM) regarding child care licensing requirements, specifically, to revise the definition of licensed exempt child care providers receiving Purchase of Care (POC) funding, is adopted and shall be final effective April 11, 2017.
B. Licensed Care: In Delaware, aAll family child care homes[, large family child care homes] and child care centers must have a license to operate in Delaware. Do not allow a parent to select an unlicensed family [or large family child care home], or center child care provider.
3. public or private school care,
6. Though the above provider types are exempt from licensing requirements, they are still required to meet certain health and safety standards. These standards are:
3. providers and those 18 and older who live in the home where care is being provided [must not have any record of child abuse or neglect (do not allow persons to provide care where there is a known record of abuse or neglect), are required to submit to a fingerprinted background check and must not have any prohibited criminal convictions or prohibited child abuse and neglect substantiations as designated under 31 Delaware Code, Section 309, 16 Delaware Code, Section 923 and the Child Care Development Block Grant Act of 2014;] and
[E. The provider will need to complete and return the original copy of the actual child care certificate before Case Managers can authorize care. Relative and non-relative providers will also complete and return the Child Abuse/ Neglect History Clearance Form or forms for all members 18 and older living in the home. If this form is not returned, discontinue care. Other exempt providers will need to keep a completed child/abuse and criminal history declaration statement on file for each child care staff member.
A. licensed, licensed exempt, or self arranged., and
Authorizations always start after service has been approved. The exact date is selected by the parent/caretaker. An authorization ends on the last day of the month of the authorization period. At no time can the authorization period exceed the review date. Child care may be authorized only for the days and hours that parents/caretakers need care. The types of care that can be authorized are part time (P), full day (X), and day and a half (T) and double time (D) which is two days. All licensed and licensed exempt child care providers can receive up to five (5) absent days, depending on the number of days the child is authorized to attend. Children in self arranged care and children authorized for seven (7) days do not receive absent days.
Last Updated: December 31 1969 19:00:00.
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