Skip to Page Content
Delaware.gov  |  Text OnlyGovernor | General Assembly | Courts | Elected Officials | State Agencies
 Photo: Featured Delaware Photo
 
 
 Phone Numbers Mobile Help Size Print Email

Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2014

Table of Contents Previous Next

Authenticated PDF Version

9 DE Admin. Code 105
A copy of the proposed regulations is being published in the January, 2014 edition of the Delaware Register of Regulations. Interested parties wishing to offer comments on the proposed regulations or submit written suggestions, data, briefs or other materials concerning the proposed regulations must submit same to Elizabeth Timm, Office of Child Care Licensing, 1825 Faulkland Road, Wilmington, Delaware 19805 or by fax to 302-633-5112 by the close of business on January 31, 2014.
This prohibition is consistent with the recommendations of the American Academy of Pediatrics as found in Caring for Our Children, National Health and Safety Performance Standards, Guidelines for Early Care and Education, Third Edition which states that “Soft object/toys can cause suffocation….If an infant is not content in a crib, the infant should be removed.…Childcare settings are held at a higher standard, warranting the removal of these potential hazards.” (p.285)
(Rule 1.10) “Child” means any of the following: a person who has not reached 18 years of age.
3. 3.5.1.2.2 Verified every three years thereafter as being free from tuberculosis. Further tuberculin testing shall occur if there are specific concerns about the health of the employee/volunteer or in accordance with current guidelines of the Delaware Division of Public Health.
4. 3.5.7.1 (Rule 3.169) A licensee shall use a disinfectant solution for disinfecting areas that have been contaminated by body fluids. The disinfectant solution shall be a commercially prepared spill kit or self-made consisting of one-fourth cup of household bleach to each gallon of water, which shall be prepared daily, labeled, and placed in a bottle or a plastic container that is sealed with a cap and stored out of reach of children. Because of the variety of strengths of products available, providing a generic bleach recipe for sanitizing and disinfecting is no longer possible. If using an EPA-registered bleach product, the manufacturer’s instructions for diluting the product for sanitizing or disinfecting, as well as the contact time, shall be followed. If not using an EPA-registered bleach product for sanitizing and disinfecting, the guidelines provided by an agency approved by the Office of Child Care Licensing, such as the Delaware Department of Public Health, shall be followed. These products and their instructions for use shall be available for review.
1.1.1 (Rule 1.01) The legal authority for these licensing Requirements Regulations is in 31 Del.C. §§341-344.
1.2.1 (Rule 1.02) These provisions shall be known as the Delacare: Requirements Regulations for Residential Child Care Facilities and Day Treatment Programs. These Requirements Regulations are designed to protect the health, safety and well-being of children who are placed in residential child care facilities or are enrolled in day treatment programs.
(Rule 1.03) “Day Treatment Program” means any program that provides highly structured, intensive, non-residential services for fewer than 24 hours each day to children who have either:
(Rule 1.04) “Residential Child Care Facility” means any facility that provides out-of-home, 24-hour care, protection and supervision for children who have either: behavioral dysfunctions; developmental, emotional, mental or physical impairments; or chemical dependencies.
“Parenting Adolescent Facility” means a residential child care facility for adolescent parents caring for their own child(ren).
Secure Residential Care Facility” means a residential child care facility that is authorized to use locked doors, both exterior and interior, as the means of preventing a child from leaving the building(s) without authorization.
“Shelter Care Facility” means a residential child care facility that provides temporary or emergency care for children for a period of time that does not exceed 30 consecutive calendar days, except as provided for in Requirement subsection 6.4.1.
Transitional Care Facility” means a residential child care facility that provides care for 12 or fewer adolescents for the purpose of preparing them to live as self-sufficient adults.
(Rule 1.05) “Adventure Activity Program” means a facility or program whose primary purpose is to engage the children in a course of activities of a hazardous or risk-laden nature. The activity may involve strenuous exercise or physical exertion. It includes high rope challenge courses, wilderness trekking, rock climbing and rappelling, as well as a travel camp of more than 120 consecutive hours’ duration involving traveling through more than one state.
(Rule 1.06) “Aversive Conditioning” means the involuntary, time-limited and reasonable use of a technique or procedure that applies an undesirable, noxious or painful stimulus to a child in order to suppress the specific behavior that is potentially harmful to the child or others, for the purpose of behavior management.
(Rule 1.07) “Behavior Management” means those principles and methods employed by a licensee:
(Rule 1.08) “Chemical Restraint” means the involuntary, unplanned and emergency application of a psychotropic drug to restrict the function or movement of a child for the purpose of behavior management. The planned and routine application of a prescribed psychotropic drug is not a chemical restraint.
(Rule 1.09) “Chief Administrator” means the person designated by the licensee, or by its governing body, as having day-to-day responsibility for the overall administration and operation of a facility or program and for assuring the care, treatment, safety, and protection of children.
(Rule 1.10) “Child” means any of the following: a person who has not reached 18 years of age.
A person in a facility or program who becomes 18 years of age while residing in the facility or participating in the program, and who has not attained the age of 25.
(Rule 1.11) “Department” means the Delaware Department of Services for Children, Youth and Their Families.
(Rule 1.12) “Direct Care Supervisor” means a person who is assigned responsibility by a licensee for the supervision of one or more direct care workers.
(Rule 1.13) “Direct Care Worker” means a person designated by a licensee to provide direct care of children.
(Rule 1.14) “Division” means the Division of Family Services within the Department.
(Rule 1.15) “Employee” means any person who is employed by a licensee or any person under contract with a licensee, excluding vendors that do not provide direct services to children.
(Rule 1.16) “Exclusion” means the involuntary, time-limited removal of a child six years of age or older from his or her environment through the use of non-violent physical intervention and restricting that child in an unlocked room under continuous monitoring and preventing his or her egress, for the purpose of behavior management.
(Rule 1.17) “Facility” means a residential child care facility.
(Rule 1.18) “Governing Body” means the person or group of persons with ultimate responsibility for and authority over the operation of a facility or program.
(Rule 1.19) “Immediately” means an action that is or must be taken without any considerable loss of time.
Infant” means a child who is less than one (1) year old.
(Rule 1.20) “Least Restrictive Treatment” means an intervention method that is the least intrusive into, and least disruptive of, the child’s life, and that represents the least departure from normal patterns of living that can be effective in meeting the child’s needs.
(Rule 1.21) “License” means the Division’s granting of authority through a written provisional or regular certification to a facility or a program to operate under applicable State law (s).
(Rule 1.22) “Licensee” means the legally responsible entity for a licensed facility or program.
(Rule 1.23) “Living Unit” means a designated area or space in which a group of children reside or receive care.
(Rule 1.24) “Locked Isolation” means the involuntary and time-limited confinement of a child in a locked room for the purpose of behavior management.
(Rule 1.25) “Mechanical Restraint” means the involuntary, time-limited and reasonable use of any device in order to restrict a child’s movement or functions or the ability to use his or her hands, arms, or legs, for the purpose of behavior management.
(Rule 1.26) “Medical Consultant” means a person licensed as a Registered Nurse or Physician in Delaware and assigned responsibility for overseeing the assistance with medication.
(Rule 1.27) “Non-violent physical intervention strategies” means the non-punitive, age- appropriate, time-limited and reasonable application of physical holding or other physical interventions that are required:
(Rule 1.28) “Parent” means a birth or adoptive parent, legal guardian or any other person having responsibility for, or legal custody of, a child.
(Rule 1.29) “Placing Agency” means an organization, either publicly or privately operated, that is legally authorized to place a child in a facility or to refer a child to a program.
(Rule 1.30) “Positive Reinforcement” means an action that, when systematically and regularly applied following the desired behavior of a child, makes it more likely that the desired behavior will recur.
(Rule 1.31) “Program” means a Day Treatment Program when it is used alone without an adjective.
(Rule 1.32) “Psychotropic Drug” means a drug or substance that alters the chemical balance of neurotransmitters in the central nervous system.
(Rule 1.33) “Record” means the individual file established and maintained for a child.
(Rule 1.34) Requirements Regulations means the Delacare: Requirements Regulations for Residential Child Care Facilities and Day Treatment Programs or a portion thereof.
(Rule 1.35) “Restrictive Procedure” means the involuntary, non-punitive, age-appropriate, time-limited and reasonable use of any action, device, drug or technique that is designed to restrain or restrict a child’s movement, function or mobility for the purpose of:
(Rule 1.36) “Service Plan” means a written, prescribed plan that specifies the basis for a child’s admission to a facility or program, the techniques to be used to address his or her treatment needs, or goals for family reunification and permanency planning. The plan shall identify the persons responsible for developing and implementing the plan, and the time frames for carrying out the plan while the child is residing in a facility or participating in a program.
(Rule 1.37) “Service Supervisor” means a person who is assigned responsibility by a licensee for the supervision of one or more service workers.
(Rule 1.38) “Service Worker” means a person designated by a licensee to coordinate, develop and implement the service plan for a child.
(Rule 1.39) “Teacher” means a person designated by the licensee to directly provide education services to children.
(Rule 1.40) “Time-Out Technique” means the time-limited removal of a child from his or her immediate environment or the time-limited prohibition of a child to participate in an activity, as specified in Requirements sections 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.
2.1.1 (Rule 2.01) An agency, corporation, partnership or individual shall not operate or maintain a residential child care facility or day treatment program unless issued a license to do so by the Division.
2.2.1 (Rule 2.02) An applicant or licensee shall allow access to the premises by any authorized representative of the Division, of another state agency, or any local building, fire or health agency for the purpose of determining compliance with applicable provisions of this requirements regulation. On-site inspections may be conducted without prior notice.
2.2.2 (Rule 2.03) An applicant or licensee shall permit any authorized representative of the Division access to information, files and records relevant to determining compliance with applicable provisions of this requirements regulation and to interview any employee, volunteer, and child.
2.3.1 (Rule 2.04) To qualify for a license, an applicant or licensee shall demonstrate to the satisfaction of the Division that it is in full or substantial compliance with applicable provisions of this requirements regulation.
2.3.2 (Rule 2.05) A license shall be issued only to a facility or program for which application is made and for the address shown on the application. A license shall state the maximum number who may be served in a facility or program at any time.
2.4.1 (Rule 2.06) A licensee shall post its current license to operate a facility or program in a place conspicuous to the public.
2.5.1 Rule 2.07) A facility or program that operates in two or more buildings at the same site shall have the option of applying for a single license for all buildings at the site, or for a separate license for each building at the site.
2.5.2 (Rule 2.08) A license shall not be transferable, assignable or subject to sale.
2.6.1 (Rule 2.09) When a facility or program is sold, leased, or discontinued, or the operation has moved to a new location, or when the license has been revoked, the current license immediately shall become null and void.
2.7.1 (Rule 2.10) An annual license is issued when the Division determines that an applicant or licensee is in full compliance with applicable provisions of this requirements regulation.
2.7.2 (Rule 2.11) An annual license is effective for one year from the date of issuance, unless it is:
2.8.1 (Rule 2.12) A provisional license may be issued for a period of time not to exceed six months from the date of issuance when the Division determines that an applicant or licensee is in substantial, but not full, compliance with applicable provisions of this requirements regulation, provided that:
2.8.2 (Rule 2.13) The Division may issue as many consecutive provisional licenses as it deems necessary. However, an applicant or licensee shall not operate pursuant to provisional licenses for more than 12 consecutive months.
2.9.1 (Rule 2.14) A provisional license may be replaced with an annual license when the Division determines that an applicant or licensee has corrected all violations in advance of the expiration date of the provisional license and has come into full compliance with applicable provisions of this requirements regulation.
2.10.1 (Rule 2.15) An applicant shall apply for an initial license on a form provided and in a manner prescribed by the Division.
2.10.2 (Rule 2.16) Upon receipt of a completed application, a Division representative shall:
2.10.3 (Rule 2.17) The expiration date of the first regular license and each subsequent renewal of an annual license shall be at one year intervals from the initial date of issuance.
2.11.1 (Rule 2.18) A licensee shall submit a written request to the Division to seek a license renewal application form at least 90 calendar days before the expiration date of the facility’s or program’s license.
2.11.2 (Rule 2.19) A licensee shall submit a completed application for a license renewal to the Division at least 60 calendar days before expiration of its current license.
2.11.3 (Rule 2.20) When a licensee makes timely and sufficient application for renewal of a regular license, the existing license shall not expire until a decision on the renewal application is made by the Division.
2.11.4 (Rule 2.21) A provisional license may be renewed when the Division determines that a licensee has demonstrated good faith efforts to achieve compliance but requires additional time to achieve full compliance with applicable provisions of this requirements regulation.
2.12.1 (Rule 2.22) The license shall contain the following:
2.12.2 (Rule 2.23) A licensee shall operate a facility or program within the terms of its license.
2.13.1 (Rule 2.24) The Division shall determine whether to modify a current license or to require the licensee to submit an application for a new license when any of the following changes occur:
2.14.1 (Rule 2.25) The Division may deny, revoke or refuse to renew a license for good cause, including but not limited to the following:
2.15.1 (Rule 2.26) If the Division denies, revokes, or refuses to renew a license, the Division shall notify the applicant or licensee in writing at least 10 working days prior to taking such action, and shall specify the applicant’s or licensee’s entitlement to appeal from the decision and to request an administrative hearing.
2.15.2 (Rule 2.27) The Division shall notify the applicant or licensee in writing of the findings of its investigation and of the reasons for the denial, revocation or refusal to renew a license, before taking such action.
2.15.3 (Rule 2.28) If a written or verbal request for a hearing is received by the Division within the 10 working days, the Division shall ensure that a hearing is held within 30 working days from the date the request is received.
2.15.4 (Rule 2.29) The hearing officer shall have had no previous involvement in the matter prompting the hearing.
2.15.5 (Rule 2.30) If a licensee files an appeal in a timely manner, its existing license shall remain in effect until an official written decision has been rendered subsequent to the hearing, except that the Division shall have the authority to suspend the license immediately whenever the health, safety or well-being of children in care is in imminent danger or jeopardy.
2.15.6 (Rule 2.31) If an applicant or licensee does not file an appeal from the decision and does not request a hearing, the action to revoke, deny or refuse to renew a license shall take effect 30 working days after the receipt of the notice. However, if the health or safety of children in care is in jeopardy, revocation, denial or refusal to renew shall be effective immediately upon the issuance of a written notice by the Division.
2.16.1 (Rule 2.32) If the health, safety or well-being of children in care is in jeopardy or imminent danger, the Division may immediately suspend the license upon issuance of a written suspension order. The order shall state the reason(s) for the suspension. Within 10 working days of the issuance of the suspension order the Division Director, or his or her designee shall hold an informal hearing with the licensee or his or her representative(s).
2.17.1 (Rule 2.33) Upon the written request of an applicant or a licensee, the Division may grant a variance from any of these requirements if the licensee has documented to the satisfaction of the Division that the intent of the specific requirement will be satisfactorily achieved in a manner other than that prescribed by the requirement.
2.17.2 (Rule 2.34) The Division shall render its decision on the request in writing, including the conditions for which the variance is granted, and shall send a signed copy of the decision to the applicant or licensee. A copy of the decision shall be maintained on file by the Division and the licensee.
2.17.3 (Rule 2.35) The variance may be time-limited or may remain in effect for as long as the licensee continues to maintain the health, care, safety, protection, supervision, and needed services of children.
2.17.4 (Rule 2.36) The Division shall monitor the licensee’s compliance with the variance. If the licensee fails to comply with the variance, the Division shall initiate necessary enforcement action.
3.1.1.1 (Rule 3.01)A licensee shall notify the Division in writing at least 90 consecutive calendar days before any of the following changes occur:
3.1.1.2 (Rule 3.02) A licensee shall notify the Division within one working day of any of the following occur:
3.1.2 Governing Body. (Rule 3.03) A licensee shall have an identifiable functioning governing body. The governing body shall designate a person to function as the chief administrator of the facility or program.
3.1.4.1 (Rule 3.05)A licensee shall develop, adopt, follow and maintain on file a current written description of the facility’s or program’s:
3.1.4.2 (Rule 3.06) A licensee shall make available to the public a brochure or other generic written description of its mission, policies and the types of services offered by the facility or program.
3.1.5.1 (Rule 3.07) A licensee shall develop, adopt, follow and maintain on file on the premises written procedures governing the maintenance and security of records of children in care.These procedures shall:
3.1.6.1 (Rule 3.08) A licensee shall develop, adopt, follow and maintain on file on the premises up-to-date administrative records containing the following:
3.1.7 Insurance Coverage. (Rule 3.09) A licensee shall secure and maintain on file written documentation of appropriate motor vehicle, fire and comprehensive general liability insurance, as required by State law(s).
3.1.8 Fund Raising and Publicity. (Rule 3.10) A licensee shall develop, adopt, follow and maintain on file written policies and procedures governing the use of children in fund raising or publicity activities. Such policies shall ensure that any involvement of a child in such activities respects the child’s dignity, preserves his or her confidentiality and has been authorized by the child’s parent(s) or legal guardian in a signed parental consent statement.
3.1.9.1 (Rule 3.11) A licensee shall develop, adopt, follow and maintain on file written policies and procedures governing the participation of children in bona fide research projects, which shall embrace the following criteria:
3.1.9.2 (Rule 3.12) The policies and procedures governing approved research projects shall:
3.2.1.1 (Rule 3.13) A licensee shall develop, adopt, follow and maintain on file written personnel policies and procedures governing the recruitment, screening, hiring, supervision, training, evaluation, promotion, and disciplining of employees and volunteers.
3.2.2.1 (Rule 3.14)A licensee shall employ only those persons who:
3.2.2.2 (Rule 3.15) An employee who was approved in accordance with personnel qualification requirements regulations in existence prior to the date on which this requirements regulation became effective shall be deemed qualified for the same position at that facility or program.
3.2.3.1 (Rule 3.16) A chief administrator, at the time of appointment, shall be at least 21 years of age and shall possess one of the following:
3.2.4.1 (Rule 3.17) A direct care supervisor, at the time of appointment, shall be at least 21 years of age and shall possess at least one of the following:
3.2.5 Direct Care Worker Qualifications. (Rule 3.18) A direct care worker, at the time of appointment, shall be at least 21 years of age and shall possess a high school diploma or an equivalent.
3.2.6.1 (Rule 3.19) A service supervisor, at the time of appointment, shall be at least 21 years of age and shall possess at least one of the following:
3.2.7 Service Worker Qualifications. (Rule 3.20) A service worker, at the time of appointment, shall be at least 21 years of age and shall possess a bachelor’s degree in social work, sociology, psychology, criminal justice, education, guidance and counseling, a human behavioral science or a related field and at least two years of full-time work experience in child welfare, human services, teaching, counseling or a related field.
3.2.8.1 (Rule 3.21) The chief administrator shall ensure that there are a sufficient number of administrative, supervisory, social service, educational, recreational, direct care, and support employees or volunteers to perform the functions prescribed by these requirements regulations and to provide for the care, needs, protection and supervision of children. The ratio of direct care workers to children during off-grounds activities or excursions shall be the same as the ratios of direct care workers to children that are required during on-grounds activities.
3.2.8.2 (Rule 3.22) A licensee shall have either:
3.2.8.3 (Rule 3.23) A licensee shall ensure that a designated employee is in charge on the premises at all times when children are present.
3.2.8.4 (Rule 3.24) A licensee shall have a ratio of one service supervisor for every ten service workers or fraction thereof. A full-time chief administrator may also serve as the service supervisor when there are three or fewer service workers.
3.2.8.5 (Rule 3.25) A licensee shall have a ratio of one direct care supervisor for every ten direct care workers or fraction thereof. A full-time chief administrator may also serve as the direct care supervisor when there are three or fewer direct care workers.
3.2.9.1 (Rule 3.26) A licensee shall ensure that all new employees and volunteers participate in an orientation that includes the purpose, policies and procedures of the facility or program, the employee’s role and responsibilities and the requirements regulations to report allegations of child abuse or neglect.
3.2.9.2 (Rule 3.27) A licensee shall ensure that each new employee, volunteer, or any current employee or volunteer whose job function changes, and whose primary role or function requires interaction with children, receives at least 15 20 hours of planned training preceding the assumption of his or her work assignment on an independent basis. The training shall include instruction in:
3.2.9.3 (Rule 3.28) A licensee shall ensure that each employee and volunteer whose primary role or function requires interaction with children and who works 24 or more hours a week receives at least 40 30 hours of training annually, including the 15 20 hours of training provided pursuant to section 3.2.9.2. This training shall cover subject matters designed to maintain, improve or enhance the employee’s knowledge of or skills in carrying out his or her job responsibilities, including:
3.2.9.4 (Rule 3.29) A licensee shall ensure that any employee or volunteer whose primary role or function requires interaction with children and who works fewer than 24 hours a week receives at least 20 hours of training annually, including the 15 hours of training provided pursuant to Requirement section 3.2.9.2. The five hours of training not related to Requirement section 3.2.9.2 shall be in subject matters identified in Requirement section 3.2.9.3.
3.2.9.5 (Rule 3.30) The licensee shall permit licensed professional employees, including but not limited to physicians, psychologists, and nurses, to apply hours of continuing education units (CEUs) earned each year towards the hourly requirements specified in Requirements sections 3.2.9.3 and 3.2.9.4. A licensee shall maintain on file written documentation of compliance with this requirement.
3.2.9.6 (Rule 3.31) A licensee shall maintain on file written materials documenting the delivery of orientation and training for all employees and volunteers.
3.2.10.1 (Rule 3.32) A licensee shall develop, adopt and maintain on file a personnel record for every employee and volunteer.
3.2.10.2 (Rule 3.33) The personnel record shall contain the following:
3.2.10.2.8 Any health verification, as specified in Requirements sections 3.5.1.1 and 3.5.1.2;
3.2.11.1 (Rule 3.34) A licensee shall maintain on file a current written job description for every employee and for every volunteer who works more than 24 hours a week.
3.2.11.2 (Rule 3.35)A licensee shall ensure that an employee’s and volunteer’s permanent or temporary assignment and functions shall be consistent with his or her respective current written job description.
3.2.12.1 (Rule 3.36) A licensee shall develop, adopt, follow and maintain on file policies and procedures governing the qualifications and use of volunteers. The qualifications shall be appropriate to the duties they perform.
3.2.12.2 (Rule 3.37) A licensee shall assign designated employees to supervise volunteers.
3.2.13.1 (Rule 3.38) A licensee shall provide each employee or volunteer who has contact with children written information governing the reporting provisions of the Delaware child abuse and neglect law(s) and regulations, and shall maintain on file written documentation of their receipt of this information.
3.2.13.2 (Rule 3.39) A licensee shall not discourage, inhibit, penalize or otherwise impede any employee or volunteer from reporting any suspected or alleged incident of child abuse or neglect.
3.2.13.3 (Rule 3.40) A licensee shall develop, adopt, follow and maintain on file written policies and procedures for handling any incident of suspected child abuse or neglect. The policies and procedures shall contain provisions specifying that:
3.3.1.1 (Rule 3.41) A licensee shall develop, adopt, follow and maintain on file written policies and procedures governing a child’s admission to a facility or program. The policies and procedures shall be made available to those persons considering admission of a child to a facility or program and shall include:
3.3.1.2 (Rule 3.42) When a licensee refuses the admission of a child, the licensee shall provide the child’s parent(s), legal guardian and the referring agency with a written explanation of the reasons for refusal, if requested.
3.3.1.3 (Rule 3.43) A licensee shall ensure that the child, his or her parent(s), legal guardian, and the referring agency and any other appropriate party, are provided a reasonable opportunity to participate in the facility’s or program’s admission process.
3.3.1.4 (Rule 3.44) Where involvement of the child’s parent in the admission process is neither possible nor desirable, the licensee shall record the reasons for exclusion in the admission records.
3.3.1.5 (Rule 3.45) A licensee shall not admit a child into care until an admission evaluation has been completed.
3.3.1.6 (Rule 3.46) In an emergency admission, a licensee shall complete Requirements sections 3.3.1.3, 3.3.1.4 and 3.3.1.5 within five consecutive business days.
3.3.1.7 (Rule 3.47) A licensee shall develop, adopt, follow and maintain on file a written admission agreement with the parent(s), legal guardian or the referring agency. The admission agreement shall be signed by all parties and include:
3.3.2.1 (Rule 3.48) A licensee shall provide to children and their parent(s) or legal guardian, or upon request to the referring agency the following:
3.3.2.1.8 Information on how to obtain a copy of this requirements regulation, and on reporting any suspected violations of this requirements regulation; and
3.3.3.1 (Rule 3.49) A licensee shall develop, adopt, follow and maintain on file a written service plan for each child admitted into a facility or program.
3.3.3.2 (Rule 3.50) A licensee shall complete the service plan within 30 consecutive calendar days of a child’s admission and shall update the plan at least every 90 consecutive calendar days thereafter.
3.3.3.3 (Rule 3.51) A licensee shall afford the child, his or her parent(s) or legal guardian, and the referring agency an opportunity to be involved in the development of the service plan unless there is written documentation justifying the non-participation of any such parties.
3.3.4 Permission to Have Contact with Designated Persons. (Rule 3.52) A licensee shall allow a child’s parent(s) or legal guardian, attorney, clergy, authorized representative of the referring agency, or a Division representative, to be permitted to have telephone, mail and in-person contact and to confer in private with any child.
3.3.5.1 (Rule 3.53) A licensee shall ensure that each school-age child receives an appropriate education, in accordance with applicable federal and State law(s) and regulations. Education shall be provided either in a public or private school, or in an approved on-grounds school operated by the licensee.
3.3.5.2 (Rule 3.54) A licensee shall ensure that every school-age child attends either an on-grounds or community-based educational program that has been approved by the appropriate Delaware authorities.
3.3.5.3 (Rule 3.55) If a licensee chooses to provide an educational program directly, the licensee shall ensure that such education programs comply with the following:
3.3.5.4 (Rule 3.56) If a licensee chooses not to provide an educational program directly, the licensee shall develop, adopt, follow and maintain on file written policies and procedures governing the assignment of any child to an educational program.
3.3.5.5 (Rule 3.57) A licensee shall provide appropriate space and supervision for quiet study after school hours.
3.3.5.6 (Rule 3.58) A licensee shall ensure the each child has access to necessary educational references and other resource materials.
3.3.5.7 (Rule 3.59) A licensee shall ensure that adolescent children receive career preparation services, life skills training, and employment counseling unless such services, training and counseling are being provided in their regular or special education school program. Such services, training and counseling shall be appropriate to the age and capabilities of the child.
3.3.6.1 (Rule 3.60) A licensee shall not engage a child in any work assignment unless the assignment offers the child a constructive experience, in accordance with the child’s age, capabilities and service plan.
3.3.6.2 (Rule 3.61) For any adolescent who is legally not obliged to attend school, a licensee shall ensure that the child is either gainfully employed or enrolled in a training program geared to the acquisition of suitable employment or necessary life skills appropriate to the child’s level of functioning.
3.3.7.1 (Rule 3.62) A licensee shall develop, adopt, follow and maintain on file written policies and procedures ensuring developmentally appropriate recreation, physical exercise and leisure time activities both on and off the premises, including planned trips and excursions. The policies and procedures shall contain provisions requiring:
3.3.7.2 (Rule 3.63) A licensee shall ensure that reasonable precautions and safeguards are utilized to prevent or minimize the risk of serious injury or harm to children.
3.3.7.3 (Rule 3.64) A licensee shall ensure that children utilize only bathing, biking, boating, camping, canoeing, hiking, kayaking, sailing, swimming, water skiing, white water rafting or other sporting or recreation areas or facilities that are in compliance with applicable provisions of federal, state, county and municipal law(s), regulations and ordinances.
3.3.7.4 (Rule 3.65) A licensee shall not threaten, coerce or intimidate a child to participate or engage in any recreation, physical exercise or leisure time activity, but may require a child to attend while not participating in the activity.
3.3.7.5 (Rule 3.66) A licensee shall ensure that staff provide adequate and appropriate supervision of children engaging in recreation, physical exercise or leisure time activities and shall offer instruction, guidance and support to assist a child in learning to do so in a safe manner.
3.3.7.6 (Rule 3.67) A licensee shall not permit children to engage or participate in high-risk activities unless:
3.3.7.7 (Rule 3.68) A licensee shall prohibit children from participating in bungee jumping, hang gliding, parachute jumping, parasailing, and riding in airborne gliders.
3.3.8.1 (Rule 3.69) A licensee shall respect the religious preference of the child and his or her parent(s) or legal guardian.
3.3.8.2 (Rule 3.70) A licensee shall ensure that each child is afforded opportunities to attend religious services or activities in his or her religious faith of choice. A licensee shall directly arrange for or ensure that other reasonable means are provided for the transportation of a child to services or activities that are off site.
3.3.8.3 (Rule 3.71) A licensee that has a particular religious or denominational orientation shall provide a written description of its orientation or beliefs to the child and to the child’s parent(s) or legal guardian prior to the child’s admission, or within seven consecutive calendar days following the admission of the child.
3.3.8.4 (Rule 3.72) A licensee shall not require or coerce children to participate in religious services or activities, shall not discipline, discriminate against, or deny privileges to any child who chooses not to participate, and shall not reward any child who chooses to participate.
3.3.8.5 (Rule 3.73) A licensee shall recognize and take into account the racial, cultural, ethnic and religious backgrounds of children when planning various activities or religious services.
3.3.9.1 (Rule 3.74) A licensee shall develop, adopt, follow and maintain on file written policies and procedures governing the behavior management of children. The policies and procedures shall delineate the approved methods of behavior management techniques that are to be used to assist children in developing self control, self direction, self esteem, and acceptable patterns of social behavior. The policies and procedures shall include the concepts and application of least restrictive effective treatment and positive reinforcements. The policies and procedures shall prohibit:
3.3.9.2 (Rule 3.75) A licensee shall disseminate copies of the behavior management policies and procedures to all employees and children within 10 consecutive calendar days of employment or admission, respectively, and shall make copies available to the parent(s), legal guardian or the referring agency.
3.3.9.3 (Rule 3.76) A licensee shall ensure that all employees and volunteers who have regular contact with children receive a copy of the policies and procedures.
3.3.10.1 (Rule 3.77) A licensee shall develop, adopt, follow and maintain on written file policies and procedures governing the accurate and timely recording of each incident in which a time-out technique or a non-violent physical intervention strategy is used. Such policies and procedures shall ensure that the identity of the child, the date, time, place, and circumstances of, and the name of the employee or volunteer who administered the time-out technique or the non-violent physical intervention strategy is recorded. The nature of the technique or strategy and the elapsed time used shall also be recorded.
3.3.10.2 (Rule 3.78) A licensee shall ensure that the chief administrator or his or her designee reviews the documentation on a weekly basis.
3.3.11.1 (Rule 3.79) A licensee shall develop, adopt, follow and maintain on file written policies and procedures governing the use of appropriate time-out techniques. The policies and procedures shall require that appropriate time-out techniques may be used only:
3.3.11.2 (Rule 3.80) A licensee shall ensure that:
3.3.11.3 (Rule 3.81) A licensee shall ensure that any use of a Time-Out Technique for a child below six years of age is:
3.3.12.1 (Rule 3.82) A licensee shall develop, adopt, follow and maintain on file written policies and procedures governing the appropriate use of non-violent physical intervention strategies. These policies and procedures shall require that non-violent physical intervention strategies may be used only:
3.3.12.2 (Rule 3.83) A licensee shall not permit the application of a non-violent physical intervention strategy if a child has a documented physical condition that would contraindicate its use, unless a licensed physician has previously and specifically authorized its use in writing. Such documentation shall be maintained on file.
3.3.12.3 (Rule 3.84)Whenever the provisions of Requirement subsection 3.3.12.1 have been exceeded, a licensee shall ensure that:
3.3.12.4 (Rule 3.85) A licensee shall prohibit employees from intentionally utilizing any of the following practices:
3.3.13.1 (Rule 3.86) A licensee shall develop, adopt, follow and maintain on file written policies and procedures governing the handling of grievances by children. The policies and procedures shall:
3.3.13.2 (Rule 3.87) A licensee shall not take or threaten to take any punitive or other retaliatory action against a child who utilizes the grievance procedure.
3.4.1.1.1 (Rule 3.88) A licensee shall ensure that the facility’s or program’s premises and equipment accessible to or used by children are free from any danger to their health, safety and well-being.
3.4.1.1.2 (Rule 3.89) A licensee shall maintain on file written documentation that the buildings and premises of the facility or program conform to all applicable State and local fire, health and construction laws, ordinances and regulations.
3.4.1.1.3 (Rule 3.90) A licensee shall ensure that porches, elevated walkways and elevated play areas of more than two feet in height shall have barriers to prevent falls.
3.4.1.1.4 (Rule 3.91) A licensee shall ensure that all indoor and outdoor areas, toilets, wash basins, tubs, sinks, and showers are maintained in an operable, safe and sanitary manner.
3.4.1.1.5 (Rule 3.92) A licensee shall utilize approved products and procedures in accordance with labeled instructions to ensure that the premises are protected from insect infestation.
3.4.1.1.6 (Rule 3.93) A licensee shall ensure that all premises used by children are rodent free.
3.4.2.1 (Rule 3.94) A licensee shall ensure that kitchens are provided with the necessary operable equipment for the preparation, storage, serving and clean-up of all meals for all of the children and employees regularly served by such kitchens. A licensee that does not prepare food on the premises and that utilizes single-service (disposable) dishes, pots, pans and utensils shall not be governed by this Requirement subsection and Requirements subsections 3.4.2.2, 3.4.2.3, 3.4.2 6, 3.4.2.8 and 3.4.2.10.
3.4.2.2 (Rule 3.95) A licensee shall ensure that a kitchen or food preparation area has a hand washing sink within the food preparation area and separate from the sink used for food preparation and dish washing.
3.4.2.3 (Rule 3.96) A licensee with a licensed capacity of 12 or fewer children shall ensure that:
3.4.2.4 (Rule 3.97) A licensee with a licensed capacity of 13 or more children shall ensure that:
3.4.2.5 (Rule 3.98) A licensee shall ensure that all food service equipment and utensils are constructed of material that is nontoxic, easily cleanable and maintained in good repair.
3.4.2.6 (Rule 3.99) A licensee shall ensure that all food services equipment, eating and drinking utensils, counter-tops and other food contact areas are thoroughly cleaned and sanitized after each use.
3.4.2.7 (Rule 3.100) A licensee shall ensure that the floor, walls and counter-top surfaces of the kitchen are made of cleanable materials and impervious to water to the level of splash.
3.4.2.8 (Rule 3.101) A licensee shall ensure that the kitchen has a cook stove and oven with an appropriately vented hood that is maintained in a safe and operable condition.
3.4.2.9 (Rule 3.102) A licensee shall ensure that the kitchen is so constructed or supervised as to limit access by children when necessary.
3.4.2.10 (Rule 3.103) A licensee shall ensure that food preparation areas and appliances, dishes, pots, pans, and utensils in which food was prepared or served are cleaned following each meal.
3.4.2.11 (Rule 3.104) A licensee shall ensure that all foods subject to spoilage are stored at temperatures that will protect against spoilage. This means that:
3.4.2.12 (Rule 3.105) A licensee shall ensure that:
3.4.3.1 (Rule 3.106) A licensee shall maintain on file written documentation that the building’s water supply and sewage disposal system are in compliance with applicable State laws and regulations of the Delaware Division of Public Health and the Delaware Department of Natural Resources and Environmental Control, respectively.
3.4.3.2 (Rule 3.107) A licensee shall ensure that hot tap water does not exceed 120 degrees Fahrenheit at all outlets accessible to children, and that cold or tempered water are also provided.
3.4.4.1 (Rule 3.108) A licensee shall ensure that:
3.4.5.1 (Rule 3.109) A licensee shall ensure that kitchens and all rooms used by children, including bedrooms, dining rooms, recreation rooms and classrooms, are suitably lighted for safety and comfort, with a minimum of 30 foot candles of light. All other areas shall have a minimum of 10 foot candles of light.
3.4.5.2 (Rule 3.110) A licensee shall ensure that all lights located over, by or within food preparation, serving and storage areas shall have safety shields or light covers.
3.4.5.3 (Rule 3.111) A licensee shall ensure that all corridors are illuminated during night-time hours.
3.4.5.4 (Rule 3.112) During night-time hours, a licensee shall provide for exterior lighting of the building(s), parking areas, pedestrian walkways or other premises subject to use by children, employees and volunteers.
3.4.6.1 (Rule 3.113) A licensee shall ensure that a minimum temperature of 68 degrees Fahrenheit is maintained at floor level in all rooms occupied by children.
3.4.6.2 (Rule 3.114) A licensee shall ensure that all working fireplaces, pipes, and electric space heaters accessible to children are protected by screens, guards, insulation or any other suitable, non-combustible protective device. All radiators accessible to children below six years of age shall be protected by screens, guards, insulation or any other suitable, non-combustible protective device.
3.4.6.3 (Rule 3.115) Portable fuel burning or wood burning heating appliance shall be prohibited.
3.4.7.1 (Rule 3.116) A licensee shall not use lead paint on the interior or exterior surfaces of any building used by children or on any furniture, toys or other equipment used by children.
3.4.7.2 (Rule 3.117) A licensee that accepts children who are under six years of age, mentally retarded or severely emotionally disturbed shall ensure that the premises are free of lead paint hazards and shall maintain on file documentation that the premises have been tested and found to be free from lead paint hazards.
3.4.7.3 (Rule 3.118) A licensee shall not use spray coatings containing asbestos on any interior or exterior portion of buildings or on any equipment used therein.
3.4.8.1 (Rule 3.119) A licensee shall ensure that toilets, showers, sinks, and bathing facilities and other toilet accessories are provided for children and:
3.4.8.2 (Rule 3.120) A licensee shall ensure that bathroom surfaces subject to splash shall be cleanable and impervious to water.
3.4.8.3 (Rule 3.121) A licensee shall ensure that bathroom floors, showers, and bathtubs have slip-proof surfaces. Glass shower doors shall be marked for safety.
3.4.8.4 (Rule 3.122) A licensee shall ensure that bathrooms are equipped with openable windows that open or mechanical ventilation systems to the outside.
3.4.9.1 (Rule 3.123) A licensee shall ensure that each habitable room has direct outside ventilation by means of windows, louvers, air conditioning or mechanical ventilation.
3.4.9.2 (Rule 3.124) A licensee shall ensure that:
3.4.9.3 (Rule 3.125) A licensee shall ensure that ventilation outlets are maintained in a clean and sanitary manner, and kept free from obstructions.
3.4.9.4 (Rule 3.126) A licensee shall ensure that all floor or window fans accessible to children have a protective grill, screen or other protective covering.
3.4.10.1 (Rule 3.127) A licensee shall provide areas with sufficient space for storing all supplies and equipment in a safe and sanitary manner.
3.4.10.2 (Rule 3.128) A licensee shall ensure that all poisonous and toxic materials are stored in accordance with the following:
3.4.11.1 (Rule 3.129) A licensee shall ensure that buildings are furnished with comfortable, clean furniture in good repair and appropriate to the age, size and capabilities of children.
3.4.11.2 (Rule 3.130) A licensee shall ensure that the premises are maintained and cleaned in a scheduled or routine manner.
3.4.11.3 (Rule 3.131) A licensee shall ensure that all cleaning equipment, including mops and buckets, are cleaned and stored in an area separate and distinct from the kitchen and food preparation, serving and storage areas. Kitchen and bathroom sinks shall not be utilized for cleaning mops, emptying mop buckets, or for any other purpose not connected with food preparation or the cleaning of dishes, pots, pans and utensils.
3.4.11.4 (Rule 3.132) A facility licensed to care for 13 or more children shall have a service sink.
3.4.12.1 (Rule 3.133) A licensee shall maintain or have access to an outdoor recreation area with at least 50 square feet for each child for the maximum number of children who will use the outdoor recreation area at one time.
3.4.12.2 (Rule 3.134) When a licensee is not able to comply with Requirement subsection 3.4.12.1, the licensee shall provide a minimum of 700 square feet of open, accessible indoor play space suitable for large muscle activity, group and individual sports conducive to indoor facilities and other forms of recreation activities.
3.4.12.3 (Rule 3.135) A licensee shall ensure that all outdoor recreation areas are free from hazards and have adequate drainage.
3.4.12.4 (Rule 3.136) A licensee shall ensure that all areas determined to be unsafe including steep grades, cliffs, open pits, swimming pools, high voltage boosters, or high speed roads or highways shall fenced off or have a natural barrier to protect children.
3.4.12.5 (Rule 3.137) A licensee shall ensure that its outdoor recreation program area has age-appropriate equipment for vigorous play, large muscle activity, physical exercise and group sports. Such equipment shall be maintained in a clean, safe, and operable condition and shall be free of hazards.
3.4.13.1 (Rule 3.138) A licensee that operates and utilizes an above-ground or in-ground swimming pool on its premises for use by children shall ensure that:
3.4.13.2 (Rule 3.139) A licensee shall ensure that the following lifesaving equipment is provided:
3.4.14.1 (Rule 3.140) A licensee shall ensure that each building used by children has at least one working telephone that is directly available for immediate access or that is connected to an operating central telephone system.
3.4.14.2 (Rule 3.141) A licensee shall ensure that the licensee’s telephone number is clearly posted and available to children, their parent(s) or legal guardian, and the general public.
3.4.14.3 (Rule 3.142) A licensee shall provide children reasonable access to a pay or free telephone.
3.4.14.4 (Rule 3.143) A licensee shall provide children reasonable privacy for telephone use.
3.4.14.5 (Rule 3.144) A licensee shall not charge children for telephone calls to their Division case manager or the Department rights representative.
3.4.15.1 (Rule 3.145) A licensee shall develop, adopt, follow and maintain on file written policies and procedures governing the handling of emergencies, including:
3.4.15.2 (Rule 3.146)The policies and procedures shall include:
3.4.15.3 (Rule 3.147) A licensee shall post its emergency evacuation plan and diagram depicting all exits in a conspicuous location on each floor of a building.
3.4.15.4 (Rule 3.148) A licensee shall ensure that each newly admitted child is provided an orientation regarding emergency procedures and the location of all exits within 48 hours of admission.
3.4.16.1 (Rule 3.149) A licensee shall conduct at least four emergency evacuation drills annually and maintain on file a record of each drill. Two of these drills shall include evacuations, unless the Division, in writing, has determined that an evacuation is clinically contraindicated. Where a licensee utilizes two or more employee shifts, there shall be at least four emergency evacuation drills conducted annually for each shift.
3.4.16.2 (Rule 3.150) Emergency evacuation drills shall include all persons on the premises, including employees, volunteers, children and visitors.
3.4.17.1 (Rule 3.151) A licensee shall prohibit the storage or use of any firearms or other weapons on the grounds of the facility or program or in any building used by children.
3.4.18.1 (Rule 3.152) A licensee shall ensure that power-driven equipment shall be appropriately shielded and maintained in good repair. Children shall be permitted to use such equipment only when it is age appropriate and only under the direct supervision of an employee.
3.5.1.1 (Rule 3.153) Prior to employing any person or accepting any volunteer, a licensee shall secure and maintain on file written documentation certifying and verifying that the prospective employee and volunteer has had a general physical examination within 12 months prior to the date of employment. The examination shall include a medically accepted procedure for screening for tuberculosis.
3.5.1.2 (Rule 3.154) To be eligible to work in the facility or program, an employee or volunteer shall be:
3.5.1.2.2 Verified every three years thereafter as being free from tuberculosis. Further tuberculin testing shall occur if there are specific concerns about the health of the employee/volunteer or in accordance with current guidelines of the Delaware Division of Public Health.
3.5.1.3 (Rule 3.155) If a licensee determines that the prospective employee or volunteer has not had a general physical examination within 12 consecutive calendar months prior to the anticipated date of employment or volunteer work, or if a licensee is unable to document that such an examination was completed, a licensee shall require the prospective employee or volunteer, as a condition of employment, to have such a general physical examination, as specified in Requirements subsections 3.5.1.1 and 3.5.1.2, within three consecutive calendar months of the date of employment or volunteer work.
3.5.2.1 (Rule 3.156) A licensee shall secure from and maintain on file written documentation of each child’s current immunizations, as required by the Delaware Division of Public Health.
3.5.2.2 (Rule 3.157) If a licensee cannot obtain written documentation of immunization for a child, the licensee shall:
3.5.3.1 (Rule 3.158) A licensee shall maintain on file a written health record for each child that includes information on:
3.5.3.2 (Rule 3.159) A licensee shall ensure that child health records are available to employees for emergency use.
3.5.4.1 (Rule 3.160) A licensee shall develop, adopt, follow and maintain on file written policies and procedures governing the use, administration or assistance with the self-administration of medications, prescription and non-prescription, to children. The policies and procedures shall:
3.5.4.2 (Rule 3.161) A licensee shall develop, adopt, follow and maintain on file a written schedule for each child receiving prescribed medications.
3.5.4.3 (Rule 3.162) A licensee shall ensure that all medications are contained in the original container, properly labeled and stored in a secure locked area or as needed, in a locked refrigerated area. Keys to the secure area shall be safeguarded and kept out of the reach of children.
3.5.4.4 (Rule 3.163) Effective one year following the adoption of this requirements regulation, a licensee admitting children prescribed psychotropic medication and/or children prescribed medication for chronic illness, such as diabetes or asthma, shall ensure that each of these children receive a minimum of one hour per month of Medical Consultant services. The Medical Consultant services shall include:
3.5.5.1 (Rule 3.164 A licensee shall ensure that handwashing procedures follow the recommendations of the US Centers for Disease Control and Prevention to prevent the spread of illness. Hands shall be scrubbed for a minimum of 10 seconds using soap and warm running water.
3.5.5.2 (Rule 3.165) A licensee shall ensure that employees and children wash their hands at least at the following times and whenever hands are contaminated with body fluids:
3.5.5.3 (Rule 3.166) A licensee shall ensure that soap and toilet paper are available at all times. Paper towels or individual clean cloth towels shall be available for each child. If cloth towels are used, a licensee shall ensure that they are washed or replaced daily.
3.5.5.4 (Rule 3.167) A licensee shall ensure that rest equipment, cribs, beds, mats and bedding are age-appropriate and assigned to one individual child for his or her exclusive use. All bedding shall be cleaned weekly or when soiled or wet, and shall not be assigned to another child until it has been cleaned and sanitized.
3.5.6.1 (Rule 3.168) A licensee shall employ universal precautions for protection from disease and infection. Spills of body fluids (i.e., blood, eye discharge, feces, injury or tissue discharges, nasal discharge, saliva, or urine) shall be cleaned up immediately, as follows:
3.5.7.1 (Rule 3.169) A licensee shall use a disinfectant solution for disinfecting areas that have been contaminated by body fluids. The disinfectant solution shall be a commercially prepared spill kit or self-made consisting of one-fourth cup of household bleach to each gallon of water, which shall be prepared daily, labeled, and placed in a bottle or a plastic container that is sealed with a cap and stored out of reach of children. Because of the variety of strengths of products available, providing a generic bleach recipe for sanitizing and disinfecting is no longer possible. If using an EPA-registered bleach product, the manufacturer’s instructions for diluting the product for sanitizing or disinfecting, as well as the contact time, shall be followed. If not using an EPA-registered bleach product for sanitizing and disinfecting, the guidelines provided by an agency approved by the Office of Child Care Licensing, such as the Delaware Department of Public Health, shall be followed. These products and their instructions for use shall be available for review.
3.5.8.1 (Rule 3.170) A licensee shall ensure that a diaper-changing area is:
3.5.8 2 (Rule 3.171) A licensee shall:
3.5.8.3 (Rule 3.172) A licensee shall use toilet training chairs only in an area separate from food preparation areas and in an area that ensures a child’s privacy while permitting supervision.
3.5.8.4 (Rule 3.173) A licensee shall disinfect toilet training equipment after each use.
3.5.9.1 (Rule 3.174) A licensee shall ensure that feeding bottles, nipples, and pacifiers are cleaned and disinfected after each use or when dropped on the floor or ground.
3.5.9.2 (Rule 3.175) A licensee shall ensure that toys that are mouthed by infants or children are cleaned and disinfected after each use and stored between use in a clean container.
3.5.10.1 (Rule 3.176) A licensee shall develop, adopt, follow and maintain on file written policies and procedures governing medical emergencies. These policies and procedures shall require that at least:
3.5.11.1 (Rule 3.177) A licensee shall ensure that first aid kits are readily available and contain the following:
3.5.12.1 (Rule 3.178) A licensee shall notify the child’s parent(s) or legal guardian and the referring agency of any serious illness incident involving serious bodily injury or any severe psychiatric episode of a child requiring either in or out patient hospitalization.
3.5.12.2 (Rule 3.179) A licensee shall immediately notify the child’s parent(s) or legal guardian and the referring agency, the Division and the medical examiner in the event of the death of a child.
3.5.13.1 (Rule 3.180) A licensee shall ensure that all children are provided nutritionally balanced meals and snacks, and portions suitable to the size and age of the child in care, in accordance with the Recommended Dietary Allowances of the National Research Council or its equivalent.
3.5.13.2 (Rule 3.181) A licensee shall ensure that a written menu is posted on a daily basis in a conspicuous location on the premises. Any change or substitution to the menu shall be noted and considered as part of the original menu. Menus shall be maintained on file and made accessible for review for at least six months.
3.5.13.3 (Rule 3.182) A licensee shall ensure that meals and snacks are served in accordance with the following schedule based upon the number of hours that a child is present at the facility or program:
3.5.13.4 (Rule 3.183) A licensee shall ensure that alternate meals and snacks are provided for children on special diets when prescribed by a physician or required by religious beliefs.
3.5.14.1 (Rule 3.184) A licensee shall ensure that animals or household pets are free from disease and cared for in a safe and sanitary manner.
3.5.14.2 (Rule 3.185) A licensee shall secure and maintain on file written documentation of rabies and other vaccinations of pets, as required by State law(s), regulations or local ordinances.
3.5.15.1 (Rule 3.186) A licensee shall prohibit the use of tobacco by children.
3.5.15.2 (Rule 3.187) A licensee shall prohibit all use of tobacco by employees, volunteers and visitors in any building used by children and in the presence of children.
3.5.15.3 (Rule 3.188) A licensee shall prohibit all use of alcohol and illegal drugs by employees, volunteers, children and visitors in any building or on the premises used by children and in the presence of children.
3.5.15.4 (Rule 3.189) A licensee shall prohibit all use of alcohol, tobacco and illegal drugs by employees, volunteers, children and visitors in any vehicle owned, leased or provided by the licensee and utilized for transporting children.
3.5.15.5 (Rule 3.190) In vehicles owned by employees or volunteers, a licensee shall prohibit all use of alcohol, tobacco and illegal drugs by employees, volunteers, children and visitors while transporting children.
3.5.15.6 (Rule 3.191) A licensee shall prohibit the purchase of alcohol, tobacco and illegal drugs for children by employees and volunteers.
3.6.1 (Rule 3.192) A licensee that chooses to provide for the transportation of children to or from the premises, or in connection with an authorized activity, shall ensure that transportation is provided, in accordance with the provisions of this requirements regulation.
3.6.2 (Rule 3.193) A licensee shall maintain on file a photocopy or other written record of the following documents for every motor vehicle used by the licensee to transport children and every driver who transports children:
3.6.3 (Rule 3.194) A licensee shall ensure that the driver of any motor vehicle used to transport children enrolled in a facility or program has a valid driver’s license to operate the specific type of motor vehicle used to transport children.
3.6.4 (Rule 3.195) A licensee that chooses to transport non-ambulatory children with disabilities shall ensure that the following additional equipment is provided for all vehicles except automobiles used for transporting children:
3.6.5 (Rule 3.196) A licensee shall ensure that all vehicles used to transport children:
3.6.6 (Rule 3.197) A licensee shall ensure that the following safety procedures are followed:
4.1.1 Authorization to Operate a Facility. (Rule 4.01) As a condition for being authorized by the Division to operate a facility, a licensee shall make application to and have been determined by the Division to be in full compliance with the requirements of this section, in addition to the requirements of sections 1.0 through 3.0.
4.2.1.1 (Rule 4.02) During hours when children are awake, a building with a licensed capacity of 12 or fewer children shall have no fewer than one direct care worker on duty on the premises when children are present. When no children are present, there shall be one employee who can be reached by telephone.
4.2.1.2 (Rule 4.03) During hours when children are awake, a building with a licensed capacity of 13 children or more, shall have one direct care worker on duty on the premises for every 10 children or fraction thereof when children are present. When no children are present, there shall be one employee who can be reached by telephone.
4.2.2.1 (Rule 4.04) During hours when children are sleeping, a building with a licensed capacity of 12 or fewer children, all of whom are of the same gender, shall have one direct care worker on duty on the premises when children are present. The direct care worker shall be in the area where children sleep or in any area within close proximity to the area(s) where children sleep. The direct care worker shall not be required to be awake. An additional employee shall be on call and available to reach the building, when called, within 30 consecutive minutes. If the building is co-educational, the direct care worker shall be on duty and awake.
4.2.2.2 (Rule 4.05) During hours when children are sleeping, a building with a licensed capacity of 13 children or more, shall have one direct care worker on duty on the premises and awake for each 16 children or fraction thereof, when children are present. The direct care worker shall be in the area where children sleep or in any area within close proximity to the area(s) where children sleep. An additional employee shall be on call and available to reach the facility, when called, within 30 consecutive minutes.
4.2.3 Recreation. (Rule 4.06) A facility with a licensed capacity of 13 children or more shall designate one full-time employee to plan, coordinate and lead recreational, physical exercise and leisure time activities for children.
4.3.1.1 (Rule 4.07) A facility shall develop, adopt, follow and maintain on file written policies and procedures governing visits between children and their parent(s), legal guardian, relatives and friends, both at the facility, at the children’s own homes and at other suitable locations. These policies and procedures shall address the days and hours of visits, frequency of visits permitted, any exceptions governing whom the child may visit, and whom to contact to arrange for special accommodations in the event of hardship or emergencies and shall be consistent with applicable State law(s), regulations or court orders.
4.3.1.2 (Rule 4.08) A facility shall explain the policies and guidelines to the child and his or her parent(s) or legal guardian.
4.3.1.3 (Rule 4.09) A facility shall provide accommodations within the buildings to enable visits with children to be conducted in reasonable privacy, except where the service plan indicates that visits are to be directly supervised, or when the facility has reason to believe that a particular visitor would not be in the best interest of the child.
4.3.1.4 (Rule 4.10) A facility shall not deny or restrict children’s visits in the facility with their parent(s), legal guardian, relatives or friends based upon a child’s behavior or infraction of this requirements regulation, unless specified in the child’s service plan.
4.3.2.1 (Rule 4.11) A facility shall develop, adopt, follow and maintain on file written policies and procedures governing visits to or tours within the facility by volunteers, advisory committees or councils, public officials, the media and members of the public-at-large who are not related to children in care. The policies and procedures shall address:
4.3.2.1.6 Requirements Regulations designed to protect the privacy rights of children in care; and
4.3.3 Overnight Visits Away from Facility. (Rule 4.12) A facility shall include in the visitation policies and procedures provisions for verifying the identity of any visitor(s) not known to the facility and for securing prior to the visit pertinent information about the location of the overnight visit and the adult(s) responsible for the child’s care during the visit.
4.3.4.1 (Rule 4.13) A facility shall not deny or restrict a child’s right to send and receive mail without censorship and without limiting the amount of mail a child sends or receives, except when:
4.3.4.2 (Rule 4.14) A facility shall ensure that each child has reasonable access to writing materials and postage.
4.3.5.1 (Rule 4.15) A facility shall develop, adopt, follow and maintain on file written policies and procedures governing the handling and management of children’s money. These policies and procedures shall include provisions on:
4.3.6 Sleep. (Rule 4.16) A facility shall develop, adopt, follow and maintain on file written policies and procedures governing the time to be set aside for uninterrupted daily sleep for each child. The policies and procedures shall ensure that each child is given the opportunity for at least eight hours of uninterrupted rest on a daily basis, unless the service plan or health needs of the child indicate otherwise.
4.3.7.1 (Rule 4.17) A facility shall ensure that each child has adequate, clean, and seasonally appropriate clothing.
4.3.7.2 (Rule 4.18) A facility shall permit a child to bring clothing and other personal belongings to the facility, unless prohibited by the facility’s policies and procedures.
4.3.7.3 (Rule 4.19) A facility shall make adequate provisions for storing a child’s clothing and other personal belongings while the child is enrolled, so that clothing used by a child does not come into contact with clothing used by another child.
4.3.7.4 (Rule 4.20) A facility shall permit a child to take with him or her all clothing and other personal belongings identified as his or hers at the time of discharge.
4.3.8 Nutrition. (Rule 4.21) A facility shall provide at least three nutritiously balanced meals for each child on a daily basis at regular times, with not more than 14 hours between the evening meal and breakfast.
4.3.9.1 (Rule 4.22) A facility shall develop, adopt, follow and maintain on file written policies and procedures governing discharge and aftercare planning. The policies and procedures shall include:
4.3.9.2 (Rule 4.23) A facility that discharges a child under circumstances that are not consistent with the child’s service plan shall also document in writing the following in the discharge report:
4.4.1.1 (Rule 4.24) A facility shall ensure that the living unit(s) have designated space for daily living activities, including dining, recreation, indoor activities and areas where children may visit with their parent(s), legal guardian, relatives and friends.
4.4.1.2 (Rule 4.25) A facility shall ensure that a dining area is provided which shall be maintained in a clean manner, be well-lighted and ventilated. The licensee shall ensure that dining room tables and chairs or benches are sturdy and appropriate for the sizes and ages of the children in care.
4.4.2.1 (Rule 4.26) A facility shall ensure that there are toilet and bathing accommodations that meet the following specifications:
4.4.3.1 (Rule 4.27) A facility shall ensure that any bedroom used by children includes:
4.4.3.2 (Rule 4.28) A facility shall ensure that each child is provided with:
4.4.3.3 (Rule 4.29) A facility shall use cots or portable beds in an emergency only and for no longer than a period of 72 hours.
4.4.3.4 (Rule 4.30) A facility shall ensure that there are no more than two tiers when bunk beds are used. In addition, the facility shall ensure that the distance between the top bunk mattress and ceiling is of sufficient height to enable the child to sit upright in bed without his or her head touching the ceiling.
4.4.3.5 (Rule 4.31) A facility shall provide and locate in the bedroom for each child a chest of drawers, a bureau, or other bedroom furniture for the storage of clothing and other personal belongings.
4.4.3.6 (Rule 4.32) A facility shall not permit a child to share the same bed with any other child.
4.4.3.7 (Rule 4.33) A facility shall ensure that a child of five years of age or older may occupy a bedroom only with members of the same sex.
4.5.1.1 (Rule 4.34) A facility shall develop, adopt, follow and maintain on file written policies and procedures that ensure that:
4.5.1.2 (Rule 4.35) A facility shall develop, adopt, follow and maintain on file written policies and procedures governing preventative, routine and emergency dental and medical care, including provisions for effective coordination of such dental and medical care with those responsible for the child’s aftercare. The policies and procedures shall include:
4.5.1.3 (Rule 4.36) A facility shall ensure that children receive timely, competent care when they are ill and continue to receive necessary follow-up care.
4.5.2.1 (Rule 4.37) If a facility cannot document that each child has received a complete physical examination within 12 consecutive calendar months before admission to the facility, the facility shall arrange for the child to have a new physical examination, to be completed within 45 consecutive calendar days after admission.
4.5.2.2 (Rule 4.38) A facility shall ensure that every child receives a physical examination no later than 12 consecutive calendar months after his or her previous physical examination and once a year thereafter.
4.5.2.3 Rule 4.39) A facility shall ensure that, upon admission, a child is asked if he or she has any physical illnesses or injuries. If a child shows symptoms of illness or injury, the facility shall arrange for the child to be examined immediately by a licensed physician or by a licensed nurse practitioner. The facility shall document the results of this procedure in writing and maintain them on file in the child’s record.
4.5.2.4 (Rule 4.40) A facility shall ensure that a child receives necessary medical care throughout the year.
4.5.2.5 (Rule 4.41) A facility shall ensure that every child over three years of age receives a dental examination annually.
4.5.2.6 (Rule 4.42) A facility shall ensure that a child receives necessary, non-cosmetic dental care throughout the year.
4.5.2.7 (Rule 4.43) A facility shall make provisions for a child to receive any needed eyeglasses, hearing aids, prosthetic devices or other corrective devices, as medically indicated by a licensed physician.
4.5.3.1 (Rule 4.44) A facility caring for a pregnant adolescent shall ensure that:
5.1 Authorization to Operate a Secure Residential Care Facility. (Rule 5.01) As a condition for being authorized by the Division to operate a secure residential care facility, a licensee shall make application to and have been determined by the Division to be in full compliance with the requirements of this section, in addition to the requirements of sections 1.0, 2.0, 3.0 and 4.0 of this regulation.
5.2 Admission. (Rule 5.02) A facility shall only admit a child who has been adjudicated delinquent by a court of law or placed by the Delaware Division of Child Mental Health Services or any other in-state or out-of-state governmental agency.
5.3 Security Measures. (Rule 5.03) A facility shall develop, adopt, follow and maintain on file a written statement identifying the specific security measures employed at the facility, and the basis for using these measures.
5.4 Definition. (Rule 5.04) For purposes of this Chapter only, “automatic fail-safe system” means a combination of a mechanical and an electronic system that automatically unlocks all resident room doors and other doors required for building egress purposes in the event of either a power failure or a fire.
5.5.1 (Rule 5.05) A facility that is equipped with an automatic fail-safe system that allows full and free egress from all individual rooms and buildings in the event of a power failure or fire shall have at least one direct care worker on duty and on the premises for every five children or fraction thereof, during hours when children are awake, and shall have at least one direct care worker awake and on duty on the premises for every 10 children or fraction thereof during hours when children are sleeping. There shall always be a minimum of two direct care workers awake and on duty when children are present during night-time hours.
5.5.2 (Rule 5.06) A facility that is not equipped with an automatic fail-safe system shall have at least one direct care worker on duty on the premises for every four children or fraction thereof, when children are present during hours when children are awake, and shall have at least one direct care worker awake and on duty on the premises for every six children or fraction thereof when children are present during hours when children are sleeping. There shall always be a minimum of two direct care workers awake and on duty when children are present during hours when children are sleeping.
5.5.3 (Rule 5.07) A facility shall assign direct care workers to cover no more than one living unit at the same time.
5.5.4 (Rule 5.08) A facility shall have at least one additional employee immediately available at all times to assist on-duty employees in an emergency.
5.6 Outdoor Recreation Area. (Rule 5.09) A facility shall ensure that the outdoor recreation area is enclosed with a suitable security fence.
5.7.1 (Rule 5.10) A secure residential care facility shall be exempt from the following requirements subsections:
5.7.1.1 That portion of Requirement subsection 3.3.8.2 regarding participation in off-site religious services or activities.
5.7.1.2 Requirements Subsections 4.2.1.1 through 4.2.2.2 regarding staff-to-child ratios.
6.1 Authorization to Operate a Shelter Care Facility. (Rule 6.01) As a condition for being authorized by the Division to operate a shelter care facility, a licensee shall make application to and have been determined by the Division to be in full compliance with this Requirements section, in addition to the requirements of sections 1.0, 2.0, 3.0 and 4.0.
6.2 Staff-to-Child Ratios. (Rule 6.02) During hours when the children are awake, a facility shall provide at least one direct care worker on duty on the premises for every five children, or fraction thereof, when children are present. During hours when the children are sleeping, a facility shall provide at least one direct care worker awake and on duty on the premises for every 10 children, or fraction thereof, when children are present.
6.3.1 (Rule 6.03) A facility shall either:
6.4 Duration of Placement. (Rule 6.04) A facility shall provide care to children for a period of time that is not to exceed 30 consecutive calendar days, unless:
6.5 Exemptions. (Rule 6.05) A shelter care facility shall be exempt from the following requirements sections:
6.5.1 Requirement Subsection 3.5.2.1 regarding written documentation of a child’s current immunizations;
6.5.2 Requirement Subsection 3.5.2.2 regarding obtaining necessary immunizations within 30 consecutive calendar days of admission; and
6.5.3 Requirement Subsection 3.5.3.1 regarding the essential health records to be maintained on file. If the items listed in Requirement subsection 3.5.3.1 are available, they shall be kept on file by the facility.
7.1 Authorization to Operate a Transitional Care Facility. (Rule 7.01) As a condition for being authorized by the Division to operate a transitional care facility, a licensee shall make application to and have been determined by the Division to be in full compliance with the requirements of this section, in addition to the requirements of sections 1.0, 2.0, 3.0 and 4.0 of this regulation.
7.2.1 (Rule 7.02) A facility shall admit children who:
7.2.2 (Rule 7.03) A facility shall accept a child into care only after a current comprehensive admission evaluation has been completed in accordance with Requirement subsection 3.3.1.1 and only when the evaluation indicates that preparation for self-sufficiency or independent living is the primary goal for the child.
7.2.3 (Rule 7.04) At the time of admission, a facility shall enter into a written agreement with each child. The agreement shall include:
7.3.1 (Rule 7.05) In addition to the provisions of Requirements subsections 3.3.3.1, 3.3.3.2 and 3.3.3.3, a facility shall ensure that the service plan includes:
7.4.1 (Rule 7.06) A facility shall assist each child to develop and follow a written activity schedule that includes:
7.5.1 (Rule 7.07) A facility shall develop, adopt and follow written policies and procedures governing the type and frequency of employee supervision provided for each child. The policies and procedures shall:
7.6.1 (Rule 7.08) A transitional care facility shall be exempt from the following requirements:
7.6.1.1 Requirements Subsections 3.4.12.1 through 3..4.12.5 regarding the outdoor recreation area.
7.6.1.2 Requirements Subsections 3.5.2.1 and 3.5.2.2 regarding child immunizations.
7.6.1.3 Requirements Subsections 4.2.1.1 through 4.2.2.2 regarding staff-to-child ratios.
7.6.1.4 Requirement Subsection 4.3.5.1.3, regarding the prohibition that a child pay for his or her own care and treatment.
8.1.1 (Rule 8.01) As a condition for being authorized by the Division to operate a day treatment program, a licensee shall make application to and have been determined by the Division to be in full compliance with the requirements of this section, in addition to the requirements of sections 1.0, 2.0, 3.0 and 4.0 of this regulation.
8.1.2 (Rule 8.02) If a day treatment program chooses to use any form of restrictive procedure as defined by Requirement subsection (Rule) 1.35, the day treatment program shall secure prior written authorization from the Division and shall comply with the requirements of section 9.0.
8.2.1 (Rule 8.03) A program shall ensure that within one month following admission, there shall be on file an age-appropriate health appraisal conducted within 12 consecutive calendar months prior to admission for each child enrolled. Health appraisals shall be certified by a licensed physician or nurse practitioner and shall be updated annually. The health appraisal shall include:
8.3.1 (Rule 8.04) The program shall ensure that all children are provided activities and physical exercise or routines that are developmentally and age-appropriate.
8.3.2 (Rule 8.05) The program shall ensure that children under six years of age are provided with opportunities for rest after the noon meal. The rest area shall be adequately lighted to allow for visual supervision at all times.
8.4.1 (Rule 8.06) A program shall have at least 35 square feet of usable indoor space per child, exclusive of toilet rooms, kitchen areas, eating areas, isolation rooms, offices, storage spaces, hallways, closets and gymnasiums.
8.5.1 (Rule 8.07) A program shall ensure that each child under six years of age who is present during scheduled rest time possesses age-appropriate, clean rest equipment and bedding, and that equipment and bedding are safely maintained for the exclusive use of that child. Disposable bedding shall be acceptable as an alternative to maintaining rest equipment for the exclusive use of that child.
8.6.1 (Rule 8.08) A program shall have enclosed toilet rooms inside the building on the same floor that houses the recreation or play areas.
8.6.2 (Rule 8.09) A program serving children between two and five years of age shall maintain a sink and toilet ratio in accordance with the following table:
Table 1:  
8.6.3 (Rule 8.10) A program serving children between six and 18 years of age shall have one sink and toilet for every 25 children, or fraction thereof, based upon licensed capacity. A urinal shall be counted as one-half of a toilet, provided that the population served includes a significant number of males and that at least two flush toilets are available and accessible to both males and females.
8.7.1 (Rule 8.11) A program shall maintain the following direct care worker to child ratios for each age group when children are present:
Table 2:  
8.7.2 (Rule 8.12)A program shall ensure that at least two employees are present and on duty on the premises at all times when children are present, regardless of the number of children.
8.8.1 (Rule 8.13) A program shall develop, adopt, follow and maintain on file a written day treatment agreement. The agreement shall be completed prior to the child’s admission and shall be signed by the licensee or his or her designee, the child, if appropriate, the child’s parent(s) or legal guardian and the referring agency and shall include:
8.9.1 (Rule 8.14) A program shall develop, adopt, follow and maintain on file written policies and procedures governing the release of children. Such policies and procedures shall require that a copy is given to all parents, employees, volunteers and children and shall include provisions:
8.10 Handling of Sick Children. (Rule 8.15) A program shall have a separate area where children who are exhibiting symptoms of illness that require isolation from the group may be cared for until they can be released to their parent(s) or legal guardian or are diagnosed by a licensed physician or nurse as posing no risk to themselves or others. The area shall not be located in the kitchen or toilet areas.
8.11 Child Accident and Injury. (Rule 8.16) A licensee shall ensure that a child who is injured by an accident or fall is provided with necessary first aid treatment, or is taken to an emergency medical treatment center, and that the parent(s) or legal guardian is immediately notified.
9.1.1 (Rule 9.01) As a condition for being authorized by the Division to implement restrictive procedures, a licensee shall make application to and have been determined by the Division to be in full compliance with the requirements of this section, in addition to the requirements of sections 1.0, 2.0, and 3.0.
9.1.2 (Rule 9.02) A licensee shall not utilize or administer a restrictive procedure on any child below six years of age.
9.2.1 (Rule 9.03) A licensee shall develop, adopt, follow and maintain on file written policies and procedures governing the appropriate use of each type of restrictive procedure to be employed. The policies and procedures shall:
9.3.1 (Rule 9.04) A licensee shall establish a Human Rights Committee of at least five adult individuals of known reputation, two of whom shall be professionally knowledgeable or experienced in the theory and ethical application of various treatment techniques used to address behavioral problems. The Human Rights Committee shall include members from the licensee and external to the licensee or its parent organization. A majority of Committee members shall be external to the licensee or its parent organization, and one member of the Committee shall be either a licensed mental health professional, a licensed physician, a licensed clinical psychologist, or a clinical social worker. The Committee shall meet at least on a quarterly basis.
9.3.2 (Rule 9.05) The Human Rights Committee shall be responsible for:
9.3.3 (Rule 9.06) An emergency application of a restrictive procedure may occur for a specific child without the prior review of the Human Rights Committee, but only when the situation is deemed to be an emergency.
9.3.4.1 (Rule 9.07) In addition to complying with Requirements subsections 3.2.9.1 through 3.2.9.6, a licensee shall ensure that employees authorized to apply a restrictive procedure also receive orientation and training on:
9.4.1 (Rule 9.08) A child who is having a restrictive procedure applied shall be under continuous monitoring and observation to prevent the child from harming himself or herself, or others. A child shall be given an opportunity for a minimum of 10 consecutive minutes of release within each two consecutive hours of the application of a restrictive procedure for the purpose of moving about or exercising, and shall be permitted to go to a toilet, when requested, or be given the opportunity to go to a toilet at least once every two consecutive hours.
9.4.2 (Rule 9.09) A licensee shall not authorize or permit restrictive procedures to be used in a punitive, retributive, harsh or abusive manner, nor for the convenience of staff or as a substitute for other less restrictive, appropriate means of social treatment or intervention.
9.4.3 (Rule 9.10) A licensee shall ensure that any allegation(s) of an inappropriate or abusive application of a restrictive procedure is brought to the attention of the Human Rights Committee promptly.
9.4.4 (Rule 9.11) A licensee shall ensure that the Human Rights Committee initiates an investigation of any allegation(s) of an inappropriate or abusive application of a restrictive procedure within two consecutive business days of having received the allegation(s).
9.4.5 (Rule 9.12) A licensee shall use the least restrictive effective form of restrictive procedure necessary to control a child’s dangerous, violent, or seriously disruptive behavior.
9.4.6 (Rule 9.13) A licensee shall ensure that employees immediately release a child from a prescribed restrictive procedure when the situation necessitating its need no longer exists or when the maximum time allowed for use of such a procedure has expired, whichever occurs first.
9.5.1 (Rule 9.14) A licensee shall utilize exclusion only:
9.5.2 (Rule 9.15) A licensee shall ensure that:
9.6.1 (Rule 9.16) A licensee shall utilize locked isolation only:
9.6.2 (Rule 9.17) A licensee shall ensure that:
9.6.3 (Rule 9.18) A licensee shall ensure that a child placed in locked isolation is not in possession of belts, matches, weapons or any other potentially harmful object or material that could present a risk of harm to a child.
9.6.4 (Rule 9.19) A licensee shall ensure that an employee who is assigned to monitor a child placed in locked isolation shall have no other immediate responsibility and shall:
9.6.5 (Rule 9.20) A licensee shall utilize locked isolation only:
9.6.6 (Rule 9.21) A licensee shall ensure that the child is reintroduced to the group in a sensitive and non-punitive manner as soon as he or she has regained control.
9.6.7 (Rule 9.22) A licensee shall ensure that any room to be used for locked isolation has:
9.7.1 (Rule 9.23) A licensee shall ensure that each administration of chemical restraint is prescribed by a licensed physician who has personally reviewed the child’s health records and has examined the child at the time of the episode.
9.7.2 (Rule 9.24) A licensee shall not allow the use of a physician’s standing order (ProReNata) for purposes of authorizing the application of a chemical restraint.
9.7.3 (Rule 9.25) A licensee shall ensure that any application of a chemical restraint, whether administered orally or by intramuscular injection, is administered only by a licensed nurse or by a licensed physician.
9.7.4 (Rule 9.26) When a child requires chemical restraint on more than six occasions in any 30 consecutive calendar-day period, the chief administrator, or his or her designee, shall determine the appropriateness of the child’s continued placement in the facility or program.
9.7.5 (Rule 9.27) A licensee shall not administer a chemical restraint as a punishment, for the convenience of employees, or as a substitute for a treatment program.
9.7.6 (Rule 9.28) A licensee shall ensure that:
9.8.1 (Rule 9.29) A licensee shall utilize a mechanical restraint only:
9.8.2 (Rule 9.30) A licensee shall ensure that:
9.8.3 (Rule 9.31) A licensee shall prohibit the use of the following mechanical restraints:
10.1.1 (Rule 10.01) As a condition for being authorized by the Division to involve children in an Adventure Activity Program, a licensee shall make application to and have been determined by the Division to be in full compliance with the requirements of this section, in addition to the requirements of sections 1.0, 2.0, and 3.0.
10.2.1 (Rule 10.02) A licensee shall develop, adopt, follow and maintain on file written policies and procedures that contain:
10.3 Safety/Risk Management Committee. (Rule 10.03) A licensee shall establish a Safety/Risk Management Committee consisting of representatives of management, employees, and individuals with experience and expertise in adventure activities. This Committee shall review the licensee’s policies and procedures governing adventure activities and monitor risk management and safety practices employed in the various adventure activities, and advise the licensee’s chief administrator of any revisions, omissions or additions that are deemed necessary and appropriate. The Committee shall review any accident that may occur and the circumstances surrounding the accident and send written findings and recommendations to the licensee’s chief administrator and to the Division.
10.4.1 (Rule 10.04) A licensee shall ensure that employees and volunteers who have responsibility for a particular adventure activity are qualified and experienced in the specific adventure activity. If certification is required, such as is for swimming and certain other aquatic activities, such employees or volunteers shall have current certification.
10.4.2 (Rule 10.05) An aquatic supervisor shall be an adult who has satisfactorily completed the training and certification requirements for a water safety instructor that are equivalent to those adopted by the American Red Cross for water safety.
10.5.1 (Rule 10.06) A licensee shall ensure that the ratio of employees and volunteers to children is in conformity with standards for the specified adventure activity being applied and that have been recognized by a national accrediting or other recognized organization.
10.5.2 (Rule 10.07) A licensee shall ensure that an aquatic supervisor or water safety instructor is on duty at each aquatic activity. The aquatic supervisor shall be responsible for the enforcement of the licensee’s safety rules, policies and procedures governing aquatic activities, including swimming, boating, canoeing, kayaking, water skiing and white water rafting.
10.6.1 (Rule 10.08) A licensee shall maintain on file at the licensee’s administrative office a list of all children, employees, and volunteers who participate in an adventure activity that occurs away from the premises of the licensee.
10.6.2 (Rule 10.09) A licensee shall ensure that a fully stocked First Aid kit that is adventure activity- appropriate and readily available accompanies the employee who is the lead person for the away-from-campus adventure activity.
10.6.3 (Rule 10.10) A licensee shall develop, adopt, follow and maintain on file:
10.7.1 (Rule 10.11) A licensee shall ensure that any equipment and gear that is to be used in connection with a specified adventure activity is appropriate to the activity, certified if required, in good repair, in operable condition, and age-and body-size appropriate.
10.7.2 (Rule 10.12) A licensee shall ensure that all ropes and paraphernalia used in connection with rope rock climbing, rappelling, high and low ropes courses or other adventure activities in which ropes are used are approved by the Union of International Alpine Association (UIAA), or an equivalent certifying organization, and have been inspected by employees responsible for supervising the adventure activity before engaging children in the activity.
10.7.3 (Rule 10.13) A licensee shall ensure that all participants are appropriately equipped, clothed, and wearing safety gear, such as a helmet, goggles, safety belt, life jacket or a flotation device, that is appropriate to the adventure activity in which a child is engaged.
10.8.1 (Rule 10.14) A licensee shall clearly delineate the areas for swimmers and non-swimmers in any natural swimming area used by children, such as a lake, river, bay, ocean or gulf.
10.8.2 (Rule 10.15) A licensee shall ensure that lifesaving equipment is provided at each permanent swimming area and shall be placed so it is immediately available in case of an emergency. The following equipment shall be available:
10.8.3 (Rule 10.16) A licensee shall ensure that lifesaving equipment is provided for all other aquatic activities and is placed so that it is immediately available in case of an emergency. At a minimum, the equipment shall include:
10.9.1 (Rule 10.17) A licensee shall ensure that before engaging in any aquatic activity, each child shall be classified by the aquatic supervisor according to swimming ability in one of two classifications: swimmer and non-swimmer.
10.9.2 (Rule 10.18) A licensee shall not permit a child to participate in an aquatic activity that requires higher skills than the child’s swimming classification, except during formal instruction.
10.9.3 (Rule 10.19) A licensee shall establish and enforce a method, such as the buddy system, for supervising children who are involved in an aquatic activity. The system used shall include procedures for check-in, check-out, and the periodic accounting for the whereabouts of each child by an employee of the licensee. A licensee shall ensure that an accounting of the number of swimmers is conducted at least once every 10 consecutive minutes.
10.9.4 (Rule 10.20) A licensee shall develop, adopt, follow and maintain on file a written aquatic emergency plan, for each aquatic activity. The plan shall include:
10.9.5 (Rule 10.21) A licensee shall ensure that swimming at sites other than a waterfront or pool that is on the premises of the licensee is supervised by an aquatic supervisor who shall be assisted by one aquatic observer for every 10 children, or fraction thereof, in the water.
10.9.6 (Rule 10.22) A licensee shall ensure that the buddy system is used and that buddy checks are conducted every five minutes whenever swimming is permitted at non-permanent sites.
10.9.7 (Rule 10.23) A licensee shall not conduct or permit swimming programs during periods of darkness. This provision does not prohibit the use of swimming pools that have underwater and deck lighting that provides unrestricted vision.
10.9.8 (Rule 10.24) A licensee shall ensure that headfirst diving occurs only in designated areas and only in water that is five feet deep or more.
10.9.9 (Rule 10.25) A licensee shall adhere to the following table to determine minimum diving area depths and distances from the end of the board or platform:
Table 3:  
10.10.1 (Rule 10.26) A licensee shall conduct watercraft activities only during daylight hours.
10.10.2 (Rule 10.27) A licensee shall provide an appropriately sized, coast guard-approved, personal flotation device for each occupant of a watercraft and ensure that such a device is worn by every occupant of a watercraft.
10.10.3 (Rule 10.28) A licensee shall ensure that an appropriately sized, coast guard-approved, personal flotation device shall be worn by any water-skier, by any participant in a sailing activity, or by any participant of a white water adventure activity.
10.10.4 (Rule 10.29) A licensee shall not use personal flotation devices of kapok construction.
10.10.5 (Rule 10.30) A licensee shall not permit a non-swimmer to board a sailboat unless accompanied by an adult swimmer.
10.10.6 (Rule 10.31) A licensee shall ensure that the aquatic supervisor or an adult aquatic observer has immediate access to a watercraft with which to provide emergency assistance on the permanent swimming site.
10.10.7 (Rule 10.32) A licensee shall ensure that a watercraft docking area is not adjacent to a swimming area, and that a swimming area is not used for the launching or dropping off of water-skiers.
10.10.8 (Rule 10.33) A licensee shall ensure that, when a watercraft has a rated capacity, the capacity is observed and when a watercraft does not have a rated capacity, all occupants wear an appropriately sized, coast guard-approved personal flotation device. This provision does not apply when the non-rated watercraft is a canoe being used by one or two advanced swimmers during formal instruction.
11.1 Authorization to Operate a Residential Facility for Parenting Adolescents. (Rule 11.01) As a condition for being authorized by the Division to operate a residential facility for parenting adolescents, a licensee shall make application to and have been determined by the Division to be in full compliance with the requirements of this section, in addition to the requirements of sections 1.0, 2.0, 3.0 and 4.0.
11.2 Definition. (Rule 11.02) For purposes of this chapter only, “Adolescent” means a child who is parenting a child.
11.3 Direct Care Worker Qualifications for a Parenting Adolescent Facility. (Rule 11.03) A direct care worker, at the time of appointment, shall possess at least:
11.4 Staff-to-Child Ratios. (Rule 11.04) A facility shall maintain the following staff-to-child ratios when adolescents and their children are present:
11.5 One Adolescent Caring for another Adolescent’s Child. (Rule 11.05) A facility may permit an adolescent in residence to care for the child of another adolescent in residence only if the following conditions are met:
11.6 Service Plan. (Rule 11.06) The service plan shall include:
11.7 Adoption Counseling Services. (Rule 11.07) A facility shall provide adoption counseling if the adolescent expresses an interest in surrendering her child for adoption. The counseling shall include:
11.8.1 (Rule 11.08) A facility shall ensure that all infants are held and spoken to and placed in a position to observe activities when they are awake at some point during the day.
11.8.2 (Rule 11.09) A facility shall ensure that all infants under seven months of age are held throughout all bottle feedings, and older infants if they are incapable of holding a bottle on their own.
11.8.3 (Rule 11.10) A facility shall ensure that all infants have access to age-appropriate toys and are provided opportunity for visual and sound stimulation.
11.8.4 (Rule 11.11) A facility shall ensure that, when an adolescent mother is in school or is working, her infant is appropriately cared for, either in a licensed child care center or licensed family child care home, or in the facility.
11.8.5 (Rule 11.12) A facility shall ensure that all children under 18 months of age are engaged in at least four of the following activities with their mothers for at least a total of 45 cumulative minutes each day:
11.8.6 (Rule 11.13) A facility shall ensure that all children 18 months of age or older are engaged in at least four of the following activities with their mother for at least one cumulative hour each day:
11.9.1 (Rule 11.14) A facility shall ensure adolescents use only prescription and non-prescription medication that is authorized by a licensed physician or a licensed nurse practitioner for themselves and for their children.
11.9.2 (Rule 11.15) A facility shall ensure that adolescents follow the advice of a licensed physician regarding the health care of the adolescent’s child.
11.9.3 (Rule 11.16) A facility shall ensure that an adolescent obtains for her infant:
11.10 Discharge and Aftercare Plans. (Rule 11.17) A facility shall include in the discharge and aftercare plan specific information regarding the status of the adolescent’s child and health care, immunization, and medical needs that the child may require; and an assessment of the adolescent’s ability to parent the child and to follow-up appropriately on the child’s aftercare plan.
11.11.1 (Rule 11.18) A facility shall ensure that all toys and equipment to be used by children are sturdy, of safe construction, non-toxic and free of hazards. A facility shall use a choker tube to ensure that all parts of all toys used by children under three years of age are large enough so that they cannot be swallowed by the child.
11.11.2 (Rule 11.19) A facility shall provide an age-appropriate-sized crib for each infant or child, but may allow an infant to sleep in a playpen or on a mat during daytime hours. A facility shall ensure that:
11.11.2.3 Any locks or latches on the dropside of a crib are safe from accidental release and cribs meet standards that comply with current standards of the U.S. Consumer Product Safety Commission for crib safety;
11.11.2.5 Each infant has sheets, blankets and other coverings for his or her exclusive use; use of blankets is prohibited with infants;
11.11.2.8 Cribs and playpens are free of hazards and an excessive number of toys when an infant is sleeping; and
11.12.1 (Rule 11.20) A facility shall provide:
11.12.2 (Rule 11.21) A facility shall ensure that all rooms used by children or infants are accessible to employees, including bedrooms.
11.12.3 (Rule 11.22) A facility shall ensure that all buildings and grounds are maintained in a safe and sanitary manner.
11.12.4 (Rule 11.23) A facility shall ensure that:
Last Updated: December 31 1969 19:00:00.
site map   |   about this site   |    contact us   |    translate   |    delaware.gov