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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2013

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9 DE Admin. Code 105
A copy of the proposed regulations is being published in the August 1, 2013 edition of the Delaware Register of Regulations. Interested parties wishing to offer comments on the proposed regulations or submit written suggestions, data, briefs or other materials concerning the proposed regulations must submit same to Elizabeth Timm, Office of Child Care Licensing, 1825 Faulkland Road, Wilmington, Delaware 19805 or by fax to 302-633-5112 by the close of business on August 31, 2013.
1.1.1 (Rule 1.01) The legal authority for these licensing Requirements Regulations is in 31 Del.C. §§341-344.
1.2.1 (Rule 1.02) These provisions shall be known as the Delacare: Requirements Regulations for Residential Child Care Facilities and Day Treatment Programs. These Requirements Regulations are designed to protect the health, safety and well-being of children who are placed in residential child care facilities or are enrolled in day treatment programs.
(Rule 1.03) “Day Treatment Program” means any program that provides highly structured, intensive, non-residential services for fewer than 24 hours each day to children who have either:
(Rule 1.04) “Residential Child Care Facility” means any facility that provides out-of-home, 24-hour care, protection and supervision for children who have either: behavioral dysfunctions; developmental, emotional, mental or physical impairments; or chemical dependencies.
“Parenting Adolescent Facility” means a residential child care facility for adolescent parents caring for their own child(ren).
Secure Residential Care Facility” means a residential child care facility that is authorized to use locked doors, both exterior and interior, as the means of preventing a child from leaving the building(s) without authorization.
“Shelter Care Facility” means a residential child care facility that provides temporary or emergency care for children for a period of time that does not exceed 30 consecutive calendar days, except as provided for in Requirement section 6.4.1.
Transitional Care Facility” means a residential child care facility that provides care for 12 or fewer adolescents for the purpose of preparing them to live as self-sufficient adults.
(Rule 1.05) “Adventure Activity Program” means a facility or program whose primary purpose is to engage the children in a course of activities of a hazardous or risk-laden nature. The activity may involve strenuous exercise or physical exertion. It includes high rope challenge courses, wilderness trekking, rock climbing and rappelling, as well as a travel camp of more than 120 consecutive hours’ duration involving traveling through more than one state.
(Rule 1.06) “Aversive Conditioning” means the involuntary, time-limited and reasonable use of a technique or procedure that applies an undesirable, noxious or painful stimulus to a child in order to suppress the specific behavior that is potentially harmful to the child or others, for the purpose of behavior management.
(Rule 1.07) “Behavior Management” means those principles and methods employed by a licensee:
(Rule 1.08) “Chemical Restraint” means the involuntary, unplanned and emergency application of a psychotropic drug to restrict the function or movement of a child for the purpose of behavior management. The planned and routine application of a prescribed psychotropic drug is not a chemical restraint.
(Rule 1.09) “Chief Administrator” means the person designated by the licensee, or by its governing body, as having day-to-day responsibility for the overall administration and operation of a facility or program and for assuring the care, treatment, safety, and protection of children.
(Rule 1.10) “Child” means any of the following: a person who has not reached 18 years of age.
A person in a facility or program who becomes 18 years of age while residing in the facility or participating in the program, and who has not attained the age of 25.
(Rule 1.11) “Department” means the Delaware Department of Services for Children, Youth and Their Families.
(Rule 1.12) “Direct Care Supervisor” means a person who is assigned responsibility by a licensee for the supervision of one or more direct care workers.
(Rule 1.13) “Direct Care Worker” means a person designated by a licensee to provide direct care of children.
(Rule 1.14) “Division” means the Division of Family Services within the Department.
(Rule 1.15) “Employee” means any person who is employed by a licensee or any person under contract with a licensee, excluding vendors that do not provide direct services to children.
(Rule 1.16) “Exclusion” means the involuntary, time-limited removal of a child six years of age or older from his or her environment through the use of non-violent physical intervention and restricting that child in an unlocked room under continuous monitoring and preventing his or her egress, for the purpose of behavior management.
(Rule 1.17) “Facility” means a residential child care facility.
(Rule 1.18) “Governing Body” means the person or group of persons with ultimate responsibility for and authority over the operation of a facility or program.
(Rule 1.19) “Immediately” means an action that is or must be taken without any considerable loss of time.
Infant” means a child who is less than one (1) year old.
(Rule 1.20) “Least Restrictive Treatment” means an intervention method that is the least intrusive into, and least disruptive of, the child’s life, and that represents the least departure from normal patterns of living that can be effective in meeting the child’s needs.
(Rule 1.21) “License” means the Division’s granting of authority through a written provisional or regular certification to a facility or a program to operate under applicable State law (s).
(Rule 1.22) “Licensee” means the legally responsible entity for a licensed facility or program.
(Rule 1.23) “Living Unit” means a designated area or space in which a group of children reside or receive care.
(Rule 1.24) “Locked Isolation” means the involuntary and time-limited confinement of a child in a locked room for the purpose of behavior management.
(Rule 1.25) “Mechanical Restraint” means the involuntary, time-limited and reasonable use of any device in order to restrict a child’s movement or functions or the ability to use his or her hands, arms, or legs, for the purpose of behavior management.
(Rule 1.26) “Medical Consultant” means a person licensed as a Registered Nurse or Physician in Delaware and assigned responsibility for overseeing the assistance with medication.
(Rule 1.27) “Non-violent physical intervention strategies” means the non-punitive, age- appropriate, time-limited and reasonable application of physical holding or other physical interventions that are required:
(Rule 1.28) “Parent” means a birth or adoptive parent, legal guardian or any other person having responsibility for, or legal custody of, a child.
(Rule 1.29) “Placing Agency” means an organization, either publicly or privately operated, that is legally authorized to place a child in a facility or to refer a child to a program.
(Rule 1.30) “Positive Reinforcement” means an action that, when systematically and regularly applied following the desired behavior of a child, makes it more likely that the desired behavior will recur.
(Rule 1.31) “Program” means a Day Treatment Program when it is used alone without an adjective.
(Rule 1.32) “Psychotropic Drug” means a drug or substance that alters the chemical balance of neurotransmitters in the central nervous system.
(Rule 1.33) “Record” means the individual file established and maintained for a child.
(Rule 1.34) Requirements Regulations means the Delacare: Requirements Regulations for Residential Child Care Facilities and Day Treatment Programs or a portion thereof.
(Rule 1.35) “Restrictive Procedure” means the involuntary, non-punitive, age-appropriate, time-limited and reasonable use of any action, device, drug or technique that is designed to restrain or restrict a child’s movement, function or mobility for the purpose of:
(Rule 1.36) “Service Plan” means a written, prescribed plan that specifies the basis for a child’s admission to a facility or program, the techniques to be used to address his or her treatment needs, or goals for family reunification and permanency planning. The plan shall identify the persons responsible for developing and implementing the plan, and the time frames for carrying out the plan while the child is residing in a facility or participating in a program.
(Rule 1.37) “Service Supervisor” means a person who is assigned responsibility by a licensee for the supervision of one or more service workers.
(Rule 1.38) “Service Worker” means a person designated by a licensee to coordinate, develop and implement the service plan for a child.
(Rule 1.39) “Teacher” means a person designated by the licensee to directly provide education services to children.
(Rule 1.40) “Time-Out Technique” means the time-limited removal of a child from his or her immediate environment or the time-limited prohibition of a child to participate in an activity, as specified in Requirements sections, and
(Rule 1.41) “Treatment” means the various services that are designed, developed, and implemented by a licensee to ameliorate the various educational, health care, medical, psychological, social or other needs of a child.
(Rule 1.42) “Volunteer” means any person who provides an unpaid service or support to a facility or program for more than 40 hours in a calendar year, and whose primary role or function involves having direct contact with children. The term “volunteer” shall include student interns. (Rule 3.15) An employee who was approved in accordance with personnel qualification requirements regulations in existence prior to the date on which this requirements regulation became effective shall be deemed qualified for the same position at that facility or program. (Rule 3.21) The chief administrator shall ensure that there are a sufficient number of administrative, supervisory, social service, educational, recreational, direct care, and support employees or volunteers to perform the functions prescribed by these requirements regulations and to provide for the care, needs, protection and supervision of children. The ratio of direct care workers to children during off-grounds activities or excursions shall be the same as the ratios of direct care workers to children that are required during on-grounds activities. (Rule 3.28) A licensee shall ensure that each employee and volunteer whose primary role or function requires interaction with children and who works 24 or more hours a week receives at least 40 30 hours of training annually, including the 15 20 hours of training provided pursuant to section This training shall cover subject matters designed to maintain, improve or enhance the employee’s knowledge of or skills in carrying out his or her job responsibilities, including: Any health verification, as specified in Requirements sections and; (Rule 3.46) In an emergency admission, a licensee shall complete Requirements sections, and within five consecutive business days. Information on how to obtain a copy of this requirements regulation, and on reporting any suspected violations of this requirements regulation; and (Rule 3.84)Whenever the provisions of Requirement section have been exceeded, a licensee shall ensure that: (Rule 3.122) A licensee shall ensure that bathrooms are equipped with openable windows that open or mechanical ventilation systems to the outside. (Rule 3.134) When a licensee is not able to comply with Requirement section, the licensee shall provide a minimum of 700 square feet of open, accessible indoor play space suitable for large muscle activity, group and individual sports conducive to indoor facilities and other forms of recreation activities. (Rule 3.163) Effective one year following the adoption of this requirements regulation, a licensee admitting children prescribed psychotropic medication and/or children prescribed medication for chronic illness, such as diabetes or asthma, shall ensure that each of these children receive a minimum of one hour per month of Medical Consultant services. The Medical Consultant services shall include: Requirements Regulations designed to protect the privacy rights of children in care; and
5.2 Admission. (Rule 5.02) A facility shall only admit a child who has been adjudicated delinquent by a court of law or placed by the Delaware Division of Child Mental Health Services or any other in-state or out-of-state governmental agency. That portion of Requirement section regarding participation in off-site religious services or activities. Requirements Sections through regarding staff-to-child ratios.
6.5.1 Requirement Section regarding written documentation of a child’s current immunizations;
6.5.2 Requirement Section regarding obtaining necessary immunizations within 30 consecutive calendar days of admission; and
6.5.3 Requirement Section regarding the essential health records to be maintained on file. If the items listed in Requirement section are available, they shall be kept on file by the facility.
7.2.2 (Rule 7.03) A facility shall accept a child into care only after a current comprehensive admission evaluation has been completed in accordance with Requirement section and only when the evaluation indicates that preparation for self-sufficiency or independent living is the primary goal for the child.
7.3.1 (Rule 7.05) In addition to the provisions of Requirements sections, and, a facility shall ensure that the service plan includes: Requirements Sections through 3..4.12.5 regarding the outdoor recreation area. Requirements Sections and regarding child immunizations. Requirements Sections through regarding staff-to-child ratios. Requirement Section, regarding the prohibition that a child pay for his or her own care and treatment.
8.1.2 (Rule 8.02) If a day treatment program chooses to use any form of restrictive procedure as defined by Requirement section (Rule) 1.35, the day treatment program shall secure prior written authorization from the Division and shall comply with the requirements of section 9.0.
Table 1:  
Table 2: (Rule 9.07) In addition to complying with Requirements sections through, a licensee shall ensure that employees authorized to apply a restrictive procedure also receive orientation and training on:
Table 3: Any locks or latches on the dropside of a crib are safe from accidental release and cribs meet standards that comply with current standards of the U.S. Consumer Product Safety Commission for crib safety; Each infant has sheets, blankets and other coverings for his or her exclusive use; use of blankets is prohibited with infants; Cribs and playpens are free of hazards and an excessive number of toys when an infant is sleeping; and
Last Updated: December 31 1969 19:00:00.
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