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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2014

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9 DE Admin. Code 105
(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 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:
(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.
(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” means the Delacare: Requirements 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 3.3.11.1, 3.3.11.2 and 3.3.11.3.
(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.
5.2.1 (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.
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“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 behavioral dysfunctions; developmental, emotional, mental or physical impairments; or chemical dependencies. Licensed residential child care facilities operating an educational program for residents and day students shall be exempted from being a day treatment program when more than 50 percent of the students in that educational program are residents of the facility.
“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. A psychiatric hospital or a foster home in which children have been placed by a licensed or authorized child placing agency are not residential child care facilities. A Residential Child Care Facility includes, but is not limited to, the following:
“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 subsection 14.4.
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. A psychiatric hospital or a foster home in which children have been placed by a licensed or authorized child placing agency are not residential child care facilities.
Administrative Hearing means the hearing provided to a Licensee or Applicant when the Licensee or Applicant requests an appeal of the Office of Child Care Licensing’s decision to place the facility on the enforcement actions of Warning of Probation, Probation, Suspension of a license, Revocation of a license, or Denial of a license application by presenting evidence to contest the action.
“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.
“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.
“Behavior Management” means those principles and methods employed by a licensee to help a child achieve positive behavior; and to address and correct a child’s inappropriate behavior in a constructive and safe manner, in accordance with written policies and procedures governing program expectations, treatment goals, child and staff safety and security, and the child’s service plan.
Business Daysmeans any weekday Monday through Friday but not including the weekend (Saturday and Sunday) nor a State of Delaware legal holiday that falls on a weekday.
“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.
“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.
“Child” means a person who has not reached 18 years of age.
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, Section 468 or through emotional abuse, torture, criminally negligent treatment, sexual abuse, exploitation, maltreatment, or mistreatment as defined in Delaware Code, Title 16, Chapter 9, Subchapter I, Section 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, Section 902.
Child Sex Abuse means any act against a child that is described as a sex offense or child exploitation as defined in Delaware Code, Title 11, Chapter 85, Subchapter IV, Section 8550 and Chapter 5, Subchapter II (Subpart D) and Subchapter V or any other applicable code.
Complaint Investigation means the process followed by the Office of Child Care Licensing (OCCL) to investigate effectively accusations that a Licensee is not in compliance with these Regulations or any applicable law.
Consultant means an independent practitioner fully qualified and licensed to engage in the practitioner’s specialty practice in the State of Delaware, including consulting, training, program development, and implementation. Although consultants are not considered employees of the facility, and no full file is required, they are required to be fingerprinted for the facility if left alone with children.
Corrective Action Plan means a written document provided by the Office of Child Care Licensing (OCCL) listing non-compliances that must be corrected, how they must be corrected, and the date by which they must be corrected.
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.
“Department” means the Delaware Department of Services for Children, Youth and Their Families.
“Direct Care Supervisor” means a person who is assigned responsibility by a licensee for the supervision of one or more direct care workers.
“Direct Care Worker” means a person designated by a licensee to provide direct care of children.
“Division” means the Division of Family Services within the Department.
“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.
Enforcement Action means an administrative action or group of actions taken to promote compliance, such as Warning of Probation, Probation, Suspension, Denial, and Revocation of a license.
“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.
“Facility” means a residential child care facility.
“Governing Body” means the person or group of persons with ultimate responsibility for and authority over the operation of a facility or program.
“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.
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.
“License” means the Office of Child Care Licensing’s granting of authority through a written provisional or annual certification to a facility or a program to operate under applicable State law (s).
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 legally responsible entity for a licensed facility or program.
“Living Unit” means a designated area or space in which a group of children reside or receive care.
“Locked Isolation” means the involuntary and time-limited confinement of a child in a locked room for the purpose of behavior management.
“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.
“Medical Consultant” means a person licensed as a Registered Nurse or Physician in Delaware and assigned responsibility for overseeing the assistance with medication.
“Non-violent physical intervention strategies” means the unplanned and emergency non-punitive, age-appropriate, time-limited, and reasonable application of physical holding or other physical interventions that are required to restrict the movement or function of a child for the purpose of preventing harm to the child or to others when the child has failed to respond to non-physical intervention techniques.
Office of Child Care Licensing (OCCL)means the organization within the Department authorized under Delaware Code, Title 31, Chapter 3, Subchapter III, 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” means a birth or adoptive parent, legal guardian or any other person having responsibility for, or legal custody of, a child.
“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.
“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.
Probation means a written notice of a specific enforcement action, 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.
“Program” means a Day Treatment Program when it is used alone without an adjective.
Provisional License means a license issued for a maximum period of 3 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.
Psychotropic Drug means a drug or substance that alters the chemical balance of neurotransmitters in the central nervous system.
“Record” means the individual file established and maintained for a child
“Regulations” means the DELACARE: Regulations for Residential Child Care Facilities and Day Treatment Programs or a portion thereof.
“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 reducing serious maladaptive behavior of a child; preventing a child from harming either himself or herself, or others; or controlling maladaptive behavior when the child has failed to respond to other less restrictive means of behavior management. A facility must be authorized to implement restrictive procedures as described in Section 17.0, and the procedures must be ordered by appropriately trained personnel. Restrictive procedures include aversive conditioning, chemical restraint, exclusion, locked isolation, and mechanical restraint. Non-violent physical intervention strategies and time-out techniques are not restrictive procedures.
Revocation means the process of rescinding a license during the effective dates of a license withdrawing official permission to operate.
“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.
“Service Supervisor” means a person who is assigned responsibility by a licensee for the supervision of one or more service workers.
Service Worker means a person designated by a licensee to coordinate, develop, and implement the service plan for a child.
Suspension Order means a notice issued by the Office of Child Care Licensing 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.
“Teacher” means a person designated by the licensee to directly provide education services to children.
“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 subsections 3.12.9.3, 3.12.9.3.1, 3.12.9.3.2, and 3.12.9.3.3.
“Treatment” means the various services that are designed, developed, and implemented by a licensee to improve the various educational, health care, medical, psychological, social or other needs of a child.
“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.
Warning of Probation means a written notice of a specific enforcement action, approved by the Administrator of Office of Child Care Licensing, intended to alert the facility that it has committed or accumulated sufficient serious violations of licensing regulations which, if not promptly corrected, could lead to a recommendation to place the facility on Probation or other enforcement action.
3.5.3 A Chief Administrator, at the time of appointment, shall be at least 21 years of age and meet one of the following education and experience qualifications:
3.5.4 A Direct Care Supervisor, at the time of appointment, shall be at least 21 years of age and shall meet one of the following education and experience qualifications:
3.5.5 A Direct Care Worker, at the time of appointment, shall be at least 21 years of age and shall meet the following education and experience qualification:
3.5.6 A Service Supervisor, at the time of appointment, shall be at least 21 years of age and shall meet one of the following education and experience qualifications:
3.5.7 A Service Worker, at the time of appointment, shall be at least 21 years of age and shall meet the following education and experience qualification: