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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsDecember 2016

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(29 Del.C. §9003(7); 31 Del.C. §§341-345)
9 DE Admin. Code 104
On October 1, 2016, DSCYF published its notice of proposed regulations pursuant to 29 Del.C. §10115 in the Delaware Register of Regulations. Written comments were accepted until October 31, 2016. Two comments were received regarding the October 1, 2016, posting and are summarized in the accompanying "Summary of Evidence."
In accordance with Delaware law, OCCL published a notice in the October 2016 Delaware Register of Regulations that DELACARE: Rules for Large Family Child Care Homes were being stricken in their entirety and being combined with Regulation 103 for family child care homes. Comments were provided by Jamie Wolfe, Chairperson, State Council for Persons with Disabilities and Dafne Carnright, Chairperson, Governor's Council for Exceptional Citizens.
Agency Response: The agency appreciates and acknowledges these comments.
Agency Response: The agency appreciates and acknowledges these comments.
The legal base for these licensing Rules is in the Delaware Code, Title 31, Welfare, In General, Chapter 3, Child Welfare, Subchapter III, The Delaware Child Care Act, Subsections 341 – 345 and Title 29, State Government, Part VIII, Departments of Government, Chapter 90, Department of Services For Children, Youth And Their Families, Subsection 9003 (7).
The overall purpose of these Rules is the protection and promotion of the health, safety, well‑being, and positive development of children who receive licensed child care services in Large Family Child Care Homes.
"Administrator" means the individual responsible for the supervision and administration of the Office of Child Care Licensing.
"Administrative Action" means the term applied to a group of enforcement actions initiated by the Office of Child Care Licensing against an Applicant or Licensee.
Administrative Appeal Hearing” means the hearing provided to an Applicant or Licensee when the Applicant or Licensee has requested appeal of the Division’s decision to deny an application or revoke a Large Family Child License.
"Administrative Review Hearing" means the hearing provided to a Licensee when the Licensee has requested an appeal of the Office of Child Care Licensing's decision on violations of these Rules.
Adult” means a person who has reached his or her eighteenth (18th) birthday.
"Agreement of Understanding" means a formal written document that is part of an administrative action, part of a corrective action plan, or used when a formal agreement is deemed necessary between the License and the Office of Child Care Licensing which clearly explains and memorializes what actions a Licensee must take in order to maintain licensure.
Applicant” means any person or entity including but not limited to the perspective owner, association, agency, or organization, applying for a Large Family Child Care License through the Office of Child Care Licensing.
Associate Caregiver” means a staff member who works under the supervision of a Caregiver and provides child care and related duties at a Large Family Child Care Home that was licensed before the effective date of these Rules. The Associate Caregiver may supervise Substitutes and meets the qualifications specified in Rule 84 of the previous Delacare: Requirements for Large Family Child Care Homes (1994). The Associate Caregiver is renamed Large Family Child Care Assistant in these Rules.
Background check” means a State (Delaware) and Federal (national) report of a person’s entire criminal history, a search of the Department’s child abuse and neglect records, and when applicable, a search of the Department of Health and Social Services’ adult abuse registry or any other checks as required by State or Federal Law.
Business Day(s)” means any weekday Monday through Friday. It does not include the weekend day (Saturday and Sunday) or any State of Delaware legal holiday that falls on a weekday.
"Caregiver" means the staff member with the direct responsibility for the total program of services provided to children and their families including providing child care and related duties and, when applicable, managing the administrative aspects at a Large Family Child Care Home that was licensed before the effective date of these Rules. The Caregiver supervises Assistant Caregivers and Substitutes and meets the qualifications specified in Rules 61 through 63 of the previous Delacare: Requirements for Large Family Child Care Homes (1994). The Caregiver is renamed Large Family Child Care Provider in these Rules.
"Change of Shift" means the two (2) hour period of time overlapping between two (2) full shifts of child care. A full shift shall be at least eight (8) hours long.
"Child" means any person who has not reached the age of eighteen (18) years.
"Child Abuse" means the abuse of a child as defined in Delaware Code, Title 16, Chapter 9.
Child Care” means the providing of care, education, protection, supervision or guidance of children in a Large Family Child Care Home.
Child Care Licensing Specialist” means an employee of the Department of Services for Children, Youth and their Families, Division of Family Services, Office of Child Care Licensing who is responsible for performing regulatory activities including investigations, enforcement action and decisions for licensure as set forth in Delaware Code and these Rules.
"Child Care Licensing Supervisor" means an employee of the Department of Services for Children, Youth and their Families, Division of Family Services, Office of Child Care Licensing who is responsible for performing supervisory and regulatory activities including investigations, enforcement actions and decisions for licensure as set forth in Delaware Code and these Rules.
Child Neglect” means the neglect of a child as defined in Delaware Code, Title 16, Chapter 9,
Child Sex Abuse” means any act against a child that is described as a sex offense as defined in Delaware Code, Title 11, Subsection 761 (d) or in subpart D. “sexual offenses” of subchapter I. of Chapter 5 of Title 11 of the Delaware Code.
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(s) or impairment(s) which would require modification(s) in the regular program of activities for that child or as defined by applicable Federal and State Laws.
Clock Hour(s)” means the actual number of hours or time a licensee or staff member spends attending the instructional portion of a training to develop or enhance child care competencies.
Complaint” means an accusation that a Licensee is not in compliance with these Rules or any applicable laws. Complaints may be written or oral and may be anonymous.
"Complaint Investigation" means the process followed by the Office of Child Care Licensing to effectively investigate an accusation that a Licensee is not compliance with these Rules or any applicable laws. The Licensee is notified of the complaint, generally done at the time of an unannounced visit regarding the particular complaint(s) and a written report is created stating the results of the investigation to the Licensee.
Corrective Action Plan” means a plan developed with the Licensee by the Office of Child Care Licensing which specifies any non-compliance, what the Licensee shall do to become compliant, and the time frame in which the non-compliance shall be corrected.
"Department" means the Department of Services for Children, Youth and Their Families.
Denial” means the refusal by the Office of Child Care Licensing to issue a Large Family Child Care License after the receipt of an original or renewal application and the completion of an investigation. This constitutes refusal of official permission for the Applicant or Licensee to provide regulated service.
Direct Observation” (of staff members) means that staff members with supervisory responsibilities are physically present in the same room or area with staff members who are required to be supervised and are visually monitoring the interactions of those staff members with children at the Large Family Child Care Home and alert to any problems that may occur.
Direct Voice Contact” means a Licensee speaking directly with a Child Care Licensing Specialist, Child Care Licensing Supervisor, or the Administrator from the Office of Child Care Licensing through a telephone call or face-to-face contact. A voice mail message is not acceptable and does not constitute direct voice contact.
"Division" means the Division of Family Service within the Department.
"Division Director" means the Director of the Division of Family Services within the Department.
Health Care Provider” means a professionally licensed physician, advance practice nurse (nurse practitioner) and physician assistant, such license being issued by an established licensing body.
Household member(s)” means persons living together permanently or temporarily without regard to whether they are related to each other by blood or marriage and without regard to the length of time or continuity of such residence, and it may include persons who previously lived in the household such as paramours of a member of the household.
"Infant" means any child who is under the age of twelve (12) months.
Infant/Toddler Home” means a Large Family Child Care Home in which a licensed child care service is provided for up to twelve (12) infants and/or toddlers. Child care in an Infant/Toddler Home may also be provided for preschool-age children in accordance with the Delacare: Rules for Large Family Child Care Homes.
"Informal Conference" means a meeting between the Office of Child Care Licensing and the Licensee to discuss non-compliance of a serious or repeated nature which, if not corrected on time and in an acceptable manner, may result in administrative action.
"Institutional Child Abuse or Neglect" means child abuse or neglect which has occurred to a child in the Department’s custody and/or while placed in a facility, center or home operated, contracted or licensed by the Department.
Large Family Child Care Assistant” means the staff member who works under the supervision, and when applicable, the direct observation of the Large Family Child Care Provider and provides child care and related duties at a Large Family Child Care Home. The Large Family Child Care Assistant may supervise Substitutes and meets the qualifications specified in Rules 26.1 and 27.1 or 28.1.
"Large Family Child Care Home" means a private home or non-residential setting in which a licensed child care service is provided.
"Large Family Child Care License" means a formal written document issued by the Office of Child Care Licensing permitting a person or entity including but not limited to the owner, association, agency, or organization to operate a Large Family Child Care Home and verifying demonstration of compliance with the Delacare: Rules for Large Family Child Care Homes and applicable codes, regulations and laws.
"Large Family Child Care Provider” means the staff member with direct responsibility for the total program of services provided to children and their families including providing child care and related duties and, when applicable, the managing the administrative aspects of a Large Family Child Care Home. The Large Family Child Care Provider supervises Large Family Child Care Assistants and Substitutes and meets the qualifications specified in Rule 24.1 and when applicable, Rules 23.1 and 25.1.
Licensee” means any person or entity including but not limited to the owner, association, agency, or organization that is issued the Large Family Child Care License, has legal responsibility for and authority over the operation of the Large Family Child Care Home, and meets the qualifications and requirements of a Licensee as defined in these Rules.
Licensure” means the issuing of a Large Family Child Care License by the Office of Child Care Licensing when the Applicant has demonstrated compliance with the Delacare: Rules for Large Family Child Care Homes and applicable codes, regulations, and laws.
Meal” means breakfast, lunch, or dinner.
Night Child Care” means child care is provided in the evening and/or overnight between the hours of 8:00 P.M. and 6:00 P.M.
"Office of Child Care Licensing" means the governmental organization within the Department authorized under Delaware Code, Title 31, Chapter 3, Subchapter III, to prescribe, by regulations or otherwise, any reasonable standards for the conduct of child care facilities, institutions, agencies, associations or organizations and may license such of these to conform to such standards.
Owner” means any person or entity including by not limited to the association, agency or organization who is issued the Large Family Child Care License and has legal responsibility for and authority over the operation of the Large Family Child Care Home that was licensed before the effective date of these Rules under Delacare: Requirements for Large Family Child Care Homes. Owner is renamed Licensee in these Rules.
"Parent(s)/guardian(s)" means a birth or adoptive parent, legal guardian or any other person having responsibility for, or legal custody of, a child.
"Preschool-Age Child" means a child who is between thirty-six (36) months and five (5) years of age who is not yet attending a public or private kindergarten program outside of the Large Family Child Care Home. If a child is older than five (5) 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 which ever comes first.
"Private Home" means a non-public residence such as a house, duplex, townhouse, apartment or mobile home where the Licensee resides and has control over the furnishings and use of space. An individual unit in public housing and university housing complexes may be considered a private home.
"Regularly or on a regular basis" means child care services which are available and provided at a Large Family Child Care Home on more than one (1) day in any one (1) week or for periods longer than three (3) weeks in any calendar year.
"Relative" means a person having any of the following relationships by blood, marriage, or adoption between the Licensee, Substitute, household or staff member, and the child in child care: parent, grandparent, great-grandparent, brother, sister, aunt, uncle, stepparent, stepbrother, and stepsister. A cousin, for the purpose of this definition, shall not be considered a relative.
Revocation” means the process of rescinding a Large Family Child Care License during the effective dates of the Large Family Child Care License. If the process concludes with the decision of the Secretary of the Department to revoke the Large Family Child Care License, the Licensee shall cease operation of a Large Family Child Care Home within thirty (30) days of the decision.
Rule(s)” means a baseline or minimum standard required for a particular aspect of child care provided in a Large Family Child Care Home as established by the Office of Child Care Licensing and known as Delacare Rules for Large Family Child Care Homes. A Licensee of a Large Family Child Care Home may and is encouraged to exceed the baseline or minimum standard required by these Rules.
"Secretary" means the Cabinet Secretary of the Department of Services for Children, Youth and Their Families.
School-age care” means child care for school-age children who attend kindergarten or higher grade in a public or private school outside of the Large Family Child Care Home and are present at the Large Family Child Care Home during any of the following circumstances: before and/or after school; during school holidays; and/or summer months.
"School‑age Child" means any child age five (5) years or older who is attending kindergarten or higher grade in a public or private school outside of the Large Family Child Care Home. A child shall be considered school-age beginning the first day attending kindergarten or first grade, which ever comes first.
Snack” means supplemental food served between meals.
Staff Member” means any full or part time employee(s) of a Large Family Child Care Home including the Substitute(s), and volunteer(s).
"Substitute" means staff member designated by the Licensee, and approved by the Office of Child Care Licensing to provide child care in the Large Family Child Care Home when the Large Family Child Care Provider or Large Family Child Care Assistant is not present due to emergency or specified planned, non-emergency situation(s) and who meets the qualifications and requirements of a Substitute as defined in these Rules. The Substitute shall be under the supervision and direct observation of the Large Family Child Care Provider or Large Family Child Care Assistant as qualified under Rules 26.1 and 28.1, at all times.
Supervision” (of children) means the appropriate number of staff members are physically present in the area or room where children are being cared for and are constantly aware of where each child is, what each child is doing, how each child is managing, and are readily available to respond to each child's needs, requests and any emergency.
"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 adherences to the Delacare: Rules for Large Family Child Care Homes, and the Large Family Child Care Home'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 Hearing” means an informal hearing between the Division Director or his/her designee, and the Licensee in order to determine whether the Large Family Child Care License remains suspended.
Suspension Order” means a notice issued by the Office of Child Care Licensing to the Licensee directing that Large Family Child Care services be discontinued on a specified date. The Licensee shall not provide Large Family Child Care services during the term of a Suspension Order.
"Toddler" means a child between the age of twelve (12) months and under thirty-six (36) months.
Training” means the successful participation in an organized professional development activity that is approved or accepted by the Office of Child Care Licensing in order to develop or enhance child care competencies of the Licensee and staff members of the Large Family Child Care Home.
"Variance" means the nontransferable written authorization issued by the Division after the Licensee has demonstrated an alternative means by which to meet the intent of a specific Rule. A variance is a conditional approval to operate outside of these Rules and is based on the need(s) or circumstance(s) of the Licensee and Large Family Child Care Home and does not endanger the health, care, safety, protection and supervision of children in child care.
Volunteer” means a person or staff member who provides an unpaid service or support to a Large Family Child Care Home.
8.3 The Applicant shall apply for a Large Family Child Care License on a form provided by the Office of Child Care Licensing. an application shall be required for initial licensure. A renewal application received by the Office of Child Care Licensing at least thirty (30) days prior to the expiration date of a Large Family Child Care License shall be required when seeking to continue the operation of a Large Family Child Care Home.
8.11 The Applicant shall sign a release of employment history form provided by the Office of Child Care Licensing that permits the Office of Child Care Licensing to obtain service letters as per Delaware Code, Title 19, Chapter 7, Section 708 from a current or most recent previous employer for him or herself, and any health care and/or child care facility for which the Applicant was employed within the past five (5) years of application for initial licensure.
14.1 The Office of Child Care Licensing shall investigate when a complaint is received regarding Delacare: Rules for Large Family Child Care Homes. The Office of Child Care Licensing shall notify the Licensee that a complaint is being investigated. The results of the Office of Child Care Licensing’s investigation shall be reported in writing to the Licensee investigated. If the complaint is substantiated or if other violations are found as a result of the investigation, the Licensee shall be required to correct the violations and come into compliance with these Rules and any applicable Federal, State or local law or regulations.
15.1.4 Refusal to furnish information, files, and records to representative(s) of the Office of Child Care Licensing and other authorized State or local officials for the purposes of determining compliance and/or investigating complaints of non-conformity with applicable provisions of these Rules, and any other applicable codes, regulations, and laws;
19.7 The Licensee shall require a staff member to sign a release of employment history form provided by the Office of Child Care Licensing that permits the Office of Child Care Licensing to obtain service letters as per Delaware Code, Title 19, Chapter 7, Section 708 from the staff member’s current or most recent previous employer, and any health care facility and/or child care facility for which the staff member was employed within the past five (5) years.
22.1.4 Be able to read, understand and carry out the Delacare: Rules for Large Family Child Care Homes; and
24.1.1 “ Training for Early Care and Education 1 and 2”;
24.1.8 Qualified as an at least an Early Childhood Teacher as per Delacare: Rules for Early Care and Education and School-Age Centers.
27.1.3 Qualified as an Early Childhood Intern as per Delacare: Rules for Early Care and Education and School-Age Centers (2007) within twelve (12) months of the date of hire.
28.1.3 Qualified as at least an Early Childhood Assistant Teacher as per Delacare: Rules for Early Care and Education and School-Age Centers (2007).
35.1.7 Applicable Delacare; Rules for Large Child Care Homes and the location of a copy of the complete Rules which shall be made available at the Large Family Child Care Home to review whenever requested.
37.5 The Licensee shall ensure that when the ratio of children to staff members at the Large Family Child Care Home is the same as a Level I or II Family Child Care Home (see Delacare: Rules for Family Child Care Homes) for at least a full shift, only one staff member qualified as a Large Family Child Care Provider is required to be present at the Large Family Child Care Home during at least seventy-five percent (75%) of the hours of operation of the full shift and, for the other twenty-five percent (25%), only one Large Family Child Care Assistant may be present.
44.1 The Licensee shall have an organized system of respectful communication with parent(s)/guardian(s) that includes verbally discussing the following information during the enrollment process and on-going as needed:
45.2.3 Reports of accidents, injuries or illnesses involving the child.
59.1.1 Disposable nonporous gloves;
60.1.1 The Licensee shall maintain an injury report for each incident in the child's file and report to the Office of Child Care Licensing an accident or injury which results in death or inpatient or outpatient treatment as required in Rules 11.1 and 11.2.2. An injury report shall include name of child, date, description of injury, how it occurred, first aid or medical care required, and parent(s)/guardian(s)' signature.
Last Updated: December 31 1969 19:00:00.
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