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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsAugust 2017


Regulatory Flexibility Act Form

Authenticated PDF Version

(29 Del.C. §9003(7); 31 Del.C. §343)
9 DE Admin. Code 101
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, except as stated in Section 7.2, 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.
"Administration of Medication certificate" means a document issued by OCCL that gives permission for a staff member to administer medication to children in care.
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 with a disability to ensure full participation at the center.
Serious injury” means any impact or injury to a child’s head or any 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.
1 Possession of an administrator’s credential issued by the Delaware Department of Education or DOE, its designee, or by another state's body authorized in that state as the professional development entity for its early childhood workforce may substitute for three college or university credits. Possession of the early childhood or school-age administrator’s credential alone does not qualify an individual as an early childhood administrator.
2 Three months of supervised student teaching of children birth through second grade may substitute for six months of the required experience.
27.11 An early childhood aide must be at least 16 years of age or 15 years of age if attending a vocational or technical high school’s three-year program in early childhood education or a traditional high school's career pathway program in early childhood with enrollment documentation on file at the center. An early childhood aide must always be under the direct observation of at least an early childhood assistant teacher or early childhood caregiver, may not be alone with children, and must be at least four years older than any child in his or her direct care. An early childhood aide will count in the staff/child ratio only during the first 12 months of employment at a single center. An early childhood aide attending a vocational or technical high school’s three-year program in early childhood education or a traditional high school's career pathway program in early childhood with enrollment documentation on file at the center, may count in the staff/child ratio while enrolled in the high school program.
31.4 Contracted Special Services Persons
40.8 A licensee shall ensure that the protective surface of the outdoor play area beneath and in the fall zones of climbing equipment, slides, swings, and similar equipment is of approved resilient material which absorbs falls. The fall zone depth and materials shall follow the instructions as listed in the most recent publication of the U.S. Consumer Product Safety Commission’s or CPSC Handbook for Public Playground Safety regarding critical heights of tested materials (see CPSC website at http://www.cpsc.gov/cpscpub/pubs/325.pdf). All materials used for protective surfaces shall be of a size that prevents choking and all surfaces of the outdoor play area shall be made of materials that do not present a safety or choking hazard. Only pea gravel shall be acceptable as cover for the outdoor play area if using a gravel or stone-like surfacing. Protective surfaces of the fall zone shall extend at least six feet in all directions from the equipment. For swings, the protective surfacing shall extend, in back and front, twice the height of the suspending bar unless otherwise directed by the CPSC or other recognized authority on playground safety.
1 Urinals may be counted as half of a toilet for the purposes of this calculation if placed at a height as to be accessible to the age and size of the population served, provided the population served includes a significant number of males, and that a minimum of two flush toilets are available and accessible to both males and females.
2 Staff shall be counted at the school-age ratio in determining the number of toilets if the center does not provide separate toilet facilities for staff.
60.1 A licensee shall ensure that a trained staff member who has successfully received a valid Administration of Medication certificate from OCCL is present at the center at all times. only Only trained staff members who are at least 18 years of age and authorized in accordance with State law, or health care providers, nurses, or other qualified medical health personnel are permitted to administer medication to children in a center. Written permission from the child's parent/guardian for each medication to be administered is required. Unused medication shall be returned to the parent/guardian when no longer needed by the child.
61.3 When known, the licensee shall report to the OCCL an accident or injury that results in death or medical/dental treatment other than first aid provided at the center of a child as described in Section 13.0.
63.8.2.1 Milk: fluid pasteurized non-fat (skim) or low-fat 1.0% or 2.0% cow’s milk for children over two years of age. Infants shall be fed formula or breast milk. Children one to two years of age shall be fed whole fluid pasteurized cow’s milk when not on formula or breast milk;
66.3.5 Lesson plans shall be based on best practices and accepted research in the field of early care and education and in alignment with principles and foundations of learning and development such as the Delaware Early Learning Foundations: Preschool, Delaware Early Learning Foundations: Infant/Toddler and also as set forth by the Delaware or United States Department of Education.
1 Possession of a school-age credential issued by the Delaware Department of Education or DOE, its designee, or by another state's body authorized in that state as the professional development entity for its early childhood workforce may substitute for three college or university credits.
2 Three months of supervised student teaching of children kindergarten through sixth grade may substitute for six months of the required experience.
1Supervised experience may be substituted for the required experience and will reduce it by half.
1. Milk, fluid (whole for 12-24 months; 2.0%, 1.0%, or fat-free for age 2 and older)
2. Fruit /Juice1/ Vegetable
Cheese (No Cheese Food)2
1 Juice: Only 100% unsweetened juice may be served.
2 Cheese must be real, natural cheese. Cheese food or cheese products may not be served.
Last Updated: December 31 1969 19:00:00.
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