DEPARTMENT OF HEALTH AND SOCIAL SERVICES
Division of Services for Aging and Adults with Physical Disabilities
In the Matter Of: |
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Final 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 for Registering Minors for School
Nature of the Proceedings:
Delaware Health and Social Services (DHSS) initiated proceedings to promulgate Regulations regarding relative caregivers without custody or guardianship and their ability to register others' children for school under 14 Del.C. § 202.
On Tuesday, August 22, 2000, public hearings were held according to APA standards on both the Caregivers' Medical Authorization and the Caregivers' School Authorization.
There were no comments on the regulations for either Authorizations.
There were written concerns regarding protecting parents' rights and the proofs necessary to show that genuine effort was made to locate the parents. More information is in the Summary section below. As a result, a new set of Emergency Regulations and Proposed Regulations were published in the October 2000 Register of Regulations.
The State Council for Persons with Disabilities submitted comments. The comments on the proofs necessary to show genuine effort to locate parents and those of this agency were received and evaluated. The results of that evaluation are summarized below.
Summary of the Evidence and Information Submitted/findings of Fact, with Agency Response:
• Defining proofs required to show genuine effort to contact absent parents, guardians, or custodians. There are four proofs for a caregiver to choose from to fulfill this stipulation. Originally caregivers were required to choose one proof. In order to show genuine effort to locate the parents, guardians, or custodians, it was agreed that caregivers would be required to send a certified letter to the last known address of the parents, guardians, or custodians. The return receipt marked "Not at this address" would fulfill one proof. The caregiver could choose which proof among the remaining three he or she would fulfill.
• "There are incorrect citations in Section I." Those citations are corrected.
• "Proofs of relationship and caregiving. Why refer to the birth certificate of the "adult child?" The birth certificate is meant to prove relationship between the caregiver and the parent. The language "adult child" will be changed to "parent".
• "The proof requiring Public Health records would be clearer if examples such as Medicaid and food stamps records are included." The use of Medicaid and food stamps records is now included.
• "The reference to "social worker" may be too narrow since it would not cover licensed psychologists or professional counselors." Licensed psychologist and professional counselors is now included.
Decision/Order:
The Department finds that the changes made in response to the comments received during the public comment periods do not substantially change the nature of the regulations. Rather, they help to clarify the regulations proposed. Thus, the regulations, as set forth in the attached version, should be issued, in the best interest of the general public of the State of Delaware.
THEREFORE, IT IS ORDERED, that the Regulations governing the Establishment of Delegation of Power of Relative Caregivers to Consent to the School Registration of Minors are adopted, as herein revised, and shall become effective ten days after publication of the final regulations in the Delaware Register of Regulations.
Gregg C. Sylvester, MD, Secretary
November 17, 2000
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)[[(2)] (c) of section 202)– An affidavit of written or printed declaration or statement of facts, 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.] [and taken by a licensed notary.]
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 |
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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, [licensed medical, mental health, or behavioral professionals] which verifies the relationship of the child to the caregiver. |
A letter from a social worker, lawyer, religious leaders, [licensed medical, mental health, or behavioral professionals] 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 [Medicaid or food stamp] records showing the relationship between the caregiver and the child. |
Hospital, clinic, |
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 shall include option 1, which is required, and a choice of either option 2, 3, or 4.
(1) Certified mail receipt of a written notice from the caregiver that he or she intends to take school 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) 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 his 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.
(3) 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.
(4) [The caregiver places a legal notice in the News Journal and the Delaware State News informing the parent(s), custodian, or guardian of (child's name) ____________________ that the caregiver intends to take educational responsibility of the child. Eight days after publication describe what happened. Include the response you received or the lack of response. Attach a copy of the legal notice, being sure to include the portion of the newspaper with the date the notice was printed.]
[(5)] Other documents or confirmations that show the parent(s), custodian, or guardian cannot be found.
IV. Affidavit:
Delaware Health and Social Services will develop the Caregivers’ School Authorization form. Anyone who wishes to obtain this form may do so by contacting Delaware Health and Social Services, Division of Services for Aging and Adults with Physical Disabilities (DSAAPD) or their local school district office. Only the Caregivers’ School Authorization form developed by DSAAPD shall be used.