DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Division of Services for Aging and Adults with Physical Disabilities
Regulations on Establishment |
Of Delegation of Power of |
Relative Caregivers to |
Consent for Registering |
Minors for School |
14 Del.C. § 202 |
Establishment of Delegation of Power of Relative Caregivers to Consent to Registering Minors for School
Nature of the Proceedings:
Delaware Health and Social Services has implemented on an emergency basis the below proposed regulations and is now accepting comments in preparation for adoption of these changes on a permanent basis.
Summary/purpose of Regulations:
The promulgation of these regulations will put 14 Del.C. §202 in effect so that grandparents and relative caregivers without custody or guardianship can register children in their care for the school year beginning September 2000. Doing so will put these caregivers in compliance with 27 Del.C. §2702, which states that children “between five years of age and sixteen years of age” shall be enrolled in a free public school.
Notice Of Comment Period
Public Hearings will be held as follows:
Date: Tuesday, August 22, 2000
Time: 11:30 AM to 1:30 PM
Place: Facilities Management Building
Location: 149 Transportation Circle, Dover.
Transportation Circle is across from the Blue Hen Mall, between the University of Delaware Paradee Center and the Motor Vehicle facility.
Copies of the proposed regulations are available for review by appointment at the following locations:
Delaware Health and Social Services
Division of Services for Aging and Adults with Physical Disabilities
Herman M. Holloway Sr. Campus
Administration Building, Annex
1901 N DuPont Highway
New Castle, DE
Delaware Health and Social Services
Division of Services for Aging and Adults with Physical Disabilities
Milford State Service Center
18 North Walnut Street
First Floor
Milford, DE 19963
Contact Carol Boyer at 577-4791 or 1-800-223-9074 to make arrangements.
Written comments are also invited on these proposed new regulations and should be sent to the following address:
Carol Boyer
Delaware Health & Social Services Division of Services
for Aging and Adults with Physical Disabilities
Administration Bldg., Annex
1901 N DuPont Highway
New Castle, DE 19720
Such comments must be received by close of business on Thursday, August 31, 2000.
Text of Regulations:
I. Definitions for terms used in 14 Del.C. section 202:
Establishment of Delegation of Power of Relative Caregivers to Consent for Registering Minors for School (also known as Caregivers’ School Authorization) (found in subsection (e)(1) c of section 202)– An affidavit of written or printed declaration or statement of acts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation, such as an officer of the court or a notary public or other person who has been duly authorized so to act.
II. Proof of relationship and Proof of caregiving: (found in subsection (2)(f)(1) )
There must be two different forms of documentation, one from each column. One must show proof of relationship and the other proof of caregiving. These documents, or other similar documents as approved by the school district, must be presented for registration.
PROOF OF RELATIONSHIP |
PROOF OF CAREGIVING |
Birth certificate of caregiver, the adult child, and birth certificate of the child. |
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Medical records where a caregiver is required to give approval, such as shots. Such records must show the relationship between the caregiver and the child. |
Medical records where a caregiver’s authorization to give approval for services such as shots was acceptable. |
A Will which lists the child and the relationship between the caregiver and child. |
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Insurance for the caregiver or child which includes the relationship between the caregiver and child. |
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A letter from a social worker, lawyer, religious leader, or previous school district which verifies the relationship of the child to the caregiver. |
A letter from a social worker, lawyer, religious leaders, or neighbor confirming the child is being cared for by the caregiver. |
Free and Reduced lunch program application. |
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Child is listed as occupant in an apartment or other housing and his/her relationship to the caregiver is included. |
Child is listed as occupant in an apartment or other housing and his/her relationship to the caregiver is given. |
Caregiver receives Child-only Temporary Aid for Needy Families (TANF) grant for this child. |
Caregiver received Child-only Temporary Aid for Needy Families (TANF) grant for this child. |
Child claimed on Federal Income Tax return. |
Child claimed on Federal Income Tax return. |
Caregiver receives Earned Income Tax Credit for the child. |
Caregiver receives Earned Income Tax Credit for the child. |
Child’s Social Security survivor death benefits are received by the caregiver for the child. | |
Hospital, clinic, or Public Health records showing the relationship between the caregiver and the child. |
Hospital, clinic, or Public Health records where a caregiver’s authorization to give approval for services such as shots was acceptable. |
Division of Services for Children, Youth and their Families’ records specifying the relationship between the caregiver and child. |
Division of Services for Children, Youth and their Families’ records showing that the caregiver is the contact for this child. |
Military or veterans records which specify relationship |
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Or other documents as approved by the school district. |
Or other documents as approved by the school district. |
III. Reasonable effort to locate the parent(s), guardian, or custodian of the child:
Reasonable effort to locate the parent(s), guardian, or custodian of the child will include one of the following:
(1) Certified mail receipt of a written notice from the caregiver that he or she intends to take medical responsibility for the child. The notice should be sent to the last known address of the parent(s), custodian, or guardian. Proof of this step will be the notice and the return receipt saying that the letter was not deliverable because no one by that name lives at this address.
(2) A notice is placed in the News Journal saying the caregiver is looking for the parent(s), custodian, or guardian of (child’s name) because he or she intends to take educational responsibility of the child. If the parent(s), custodian, or guardian does not respond within 8 days, the caregiver would write about the notice and lack of response where requested on the affidavit. Include a copy of the newspaper notice in the application.
(3) The caregiver or someone acting in his or her place makes an actual visit to the last known address of the parent(s), custodian, or guardian. The individual making this visit will need to describe what was found at this address and to whom he or she spoke regarding the missing parent(s), custodian, or guardian.
(4) Contact with social service agencies, place of employment, health care provider, or friends verified by a written statement signed by that party confirming that the location of the parent(s), custodian, or guardian is unknown.
IV. Affidavit:
Delaware Health and Social Services will maintain the affidavit required for caregivers to obtain a Caregivers’ School Authorization. Anyone who wishes to obtain this affidavit may do so by contacting Delaware Health and Social Services, Division of Services for Aging and Adults with Physical Disabilities or their local school district office.