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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2019


Regulatory Flexibility Act Form

Authenticated PDF Version

(29 Del.C. §9003(7) & 31 Del.C. §§341-345)
9 DE Admin. Code 103
The legal base for these licensing regulations is in 31 Del.C. §§341-345 and 29 Del.C. §9003(7).
"Administrative hearing" means the hearing provided to a licensee or applicant when requesting an appeal of OCCL's decision to place the facility on an enforcement action, such as warning of probation, probation, suspension, revocation, or denial. A licensee or applicant must show evidence to dispute the action. Licensees or applicants, at their expense, may appeal hearing decisions for revocations and denials to Delaware Superior Court for a final review.
"Administrator" means the person responsible for the supervision and administration of OCCL.
"Agreement of understanding" means a document that is part of a corrective action plan or used when necessary to ensure regulation compliance.
"Applicant" means a person or entity applying for a child care license through OCCL.
"Associate caregiver" means a staff member who works under the supervision of a caregiver and provides child care at a large family child care home licensed before January 1, 2009. The associate caregiver is renamed large family assistant in these regulations.
"Background check" means a State of Delaware and federal (national) fingerprinted report of a person's entire criminal history, a Department of Services for Children, Youth and Their Families child protection registry check, and other checks as required by State or federal law.
"Business day" means a weekday Monday through Friday not including State of Delaware legal holidays that fall on a weekday.
"Capacity" means the total number of children, excluding school-age household members that may be present at one time.
"Caregiver" means the staff member responsible for the total program including providing child care at a large family child care home that was licensed before January 1, 2009. The caregiver is renamed large family provider in these regulations.
"Child abuse" means a person causes or inflicts sexual abuse on a child; or a person that has care, custody, or control of a child causes or inflicts physical injury through unjustified force, emotional abuse, torture, exploitation, maltreatment, or mistreatment as defined in 10 Del.C. §901.
"Child care" means providing care, education, protection, supervision, or guidance of children in a family or large family child care home.
"Child care licensing specialist" or "licensing specialist" means an OCCL employee responsible for performing regulatory activities including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations.
"Child care licensing supervisor" or "licensing supervisor" means an OCCL employee responsible for performing supervisory and regulatory activities including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations.
"Child neglect" means a person responsible for a child failed to provide the proper or necessary education as required by law; nutrition; or medical, surgical, or any other care necessary for the child's well-being as defined in 10 Del.C. §901.
"Child sex abuse" means an act against a child that is described as a sex offense or child exploitation as defined in 11 Del.C. §8550(2).
"Child with disabilities" means a child diagnosed by a qualified professional as having a physical, intellectual, emotional, or developmental disability, or chronic medical condition. This disability may require modifications in the regular program of activities for that child at a home as listed in an individual education program or “IEP,” individualized family service plan or “IFSP,” or as defined by applicable federal and State laws.
"Clock hour(s)" means the actual number of hours a person spends attending the instructional portion of a training designed to develop or enhance child care skills.
"Complaint investigation" means the process followed by the division to investigate accusations that a licensee does not comply with these regulations or applicable laws.
"Compliance review" means an inspection of the home, grounds, and files to determine compliance with these regulations.
"Conference" means a meeting between OCCL and a licensee to discuss non-compliance of a serious or repeated nature. If a licensee does not correct this non-compliance as stated in a corrective action plan or agreement of understanding, this may result in an enforcement action. At a conference, a licensee may also dispute non-compliance with regulations cited by a licensing specialist during a compliance review, complaint or other visit, or discuss the denial of a variance request.
"Corrective action plan" means a document listing non-compliance a licensee must correct, how to correct it, and the date OCCL requires the corrections to be completed.
"CPSC" means the U.S. Consumer Product Safety Commission.
"Denial" means the process of refusing to grant a license after OCCL receives an application.
"Department" means the Department of Services for Children, Youth and Their Families.
"Direct voice contact" means a licensee or staff member is required to speak with an OCCL licensing specialist, licensing supervisor, or administrator by calling or visiting OCCL. When direct voice contact is required, leaving a voice mail message is not acceptable.
"Division" means the Division of Family Services within the department.
"Division director" means the director of the Division of Family Services.
"DPH" means the Division of Public Health.
"Enforcement action" means an action taken by OCCL to promote compliance, such as warning of probation, probation, suspension, revocation, or denial.
"Family child care home" or "family home" means a private home in which a licensee lives and provides licensed child care.
"Family child care license" means a document issued by OCCL allowing a person or entity to operate a family home after demonstrating compliance with these regulations and other applicable codes, regulations, and laws.
"Family provider" means the person responsible for the total program including providing child care and managing the administrative aspects of a family child care home.
"Home" means both family and large family child care homes.
"Household member" means a person living in or spending the night in a family or large family home for more than 30 days within a year.
"Infant" means a child less than 12 months old.
"Institutional abuse" means a child is the subject of abuse or neglect while in out-of-home care as defined in 10 Del.C. §901.
"Large family aide" means the staff member who works under the direct supervision of the large family provider, large family assistant, or substitute and provides child care at a large family home. This staff member may not be alone with children.
"Large family assistant" means the staff member who works under the supervision of the large family provider and provides child care at a large family home. This staff member may provide direct supervision of a large family aide and meets the qualifications listed in these regulations.
"Large family child care home" or "large family home" means a private home or a non-residential property where a licensee offers licensed child care.
"Large family child care license" means a document issued by OCCL allowing a person or entity to operate a large family home after demonstrating compliance with these regulations and other applicable codes, regulations, and laws.
"Large family provider" means the staff member responsible for the total program including providing child care and, when applicable, managing the administrative aspects of a large family child care home. This staff member may supervise large family assistants, large family aides, and substitutes and meets the qualifications listed in these regulations.
"Licensee" means the owner or entity, such as a company, corporation, business, or agency, legally responsible for a family or large family home.
"Licensure" means OCCL issued a child care license when the applicant demonstrated compliance with these regulations and other applicable codes, regulations, and laws.
"NRTL" means Nationally Recognized Testing Laboratory, such as Underwriter's Laboratories.
"Office of Child Care Licensing" or "OCCL" means the agency within the department authorized under 31 Del.C. §§341-345 to promulgate and enforce regulations for child care, to license child care facilities, and to develop and implement policies and procedures.
"Overnight care" means care for a child between the hours of 10 PM and 6 AM, when four or more hours are during a child's normal sleeping hours.
"Parent/Guardian" means a birth or adoptive parent, legal guardian, or other person having responsibility for, or legal custody of, a child.
"Preschool-age child" means a child age three through five not yet attending kindergarten. If a child is older than age five and not attending kindergarten or a higher grade, OCCL considers that child in the preschool-age group.
"Private home" means a non-public residence, such as a house, duplex, townhouse, apartment, or mobile home, where a licensee lives and has control over the furnishings and use of space.
"Probation" means an enforcement action initiated by OCCL because of noncompliance with these regulations. The division director approves this action. This action directs a licensee to correct all non-compliances and maintain compliance or face revocation or denial.
"Provisional license" means a license issued for a maximum period of three months when a licensee is temporarily unable to comply with DELACARE Regulations. There can be no serious risk to the health, safety, and well-being of children. A licensee operates under a corrective action plan or an agreement of understanding. An extension beyond this time requires administrator approval.
"Regulation" means a minimum standard required for a specific part of child care established by OCCL and known as DELACARE: Regulations for Family and Large Family Child Care Homes.
"Revocation" means the process of rescinding a license during the license's effective dates withdrawing permission to operate.
"Secretary" means the Secretary of the Department of Services for Children, Youth and Their Families.
"Serious injury" means any impact or injury to a child's head or any physical injury which creates a substantial risk of death, or which causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of a body part.
"School-age care" means care, education, protection, supervision, or guidance for school-age children before school, after school, during school holidays, or during summer months.
"School-age child" means a child who attends or has attended a kindergarten or a higher grade out of the home.
"Staff member" means a licensee, a large family provider, a large family assistant, a large family aide, or a substitute.
"Substitute" means an adult selected by a licensee to provide child care in a family or large family home. The substitute may provide care when a licensee, large family provider, large family assistant, or large family aide is not present due to an emergency or non-emergency situation. The substitute may be present when a licensee or staff members are present but a licensee wants another person to help provide care. OCCL must approve substitutes. OCCL considers this person a staff member.
"Supervision" or "direct supervision" (of children or staff members) means a licensee or staff members are physically present in the same room or area, including outside, with children or staff, are visually monitoring the interactions of children or staff, and are alert to problems that may occur.
"Suspension order" means a letter sent by OCCL stating a licensee must stop providing child care as of a specific date. While the license is suspended, a licensee cannot provide child care.
"Toddler" means a child over 12 months old and under 36 months old.
"Variance" means OCCL's approval for a licensee to meet the intent of a specific licensing regulation in a way that is different from the way the regulation specifies. OCCL will only give this approval when the change will not endanger the health, safety, or well-being of children in care.
"Volunteer, adult" or "adult volunteer" means a person at least 18 years old who provides an unpaid service or support to a family or large family home.
"Volunteer, youth" or "youth volunteer" means a person at least 13 years old who provides an unpaid service or support to a family or large family home. OCCL must approve youth volunteers before they begin volunteering.
"Warning of probation" means an enforcement action initiated by OCCL because of noncompliance with these regulations. The administrator approves this action. This action directs a licensee to correct all non-compliances and maintain compliance or face probation or another enforcement action.
6.1.9 Complete a release of employment form that allows OCCL to collect service letters as per 19 Del.C. §708. The form will list the applicant's current or most recent employer and all health care and child care facilities where the applicant worked within the past five years. If an applicant has no former employer, the applicant shall provide information for two more references;
A licensee shall provide a parent/guardian with information about the right to see the home's licensing record, as stated in 31 Del.C. §398. As a part of the inquiry process, a licensee shall require the parent/guardian to read and sign The Parents Right to Know form and shall keep the form on file. A licensee shall give a copy of the form to the parent/guardian. In the event the child does not enroll, a licensee shall keep the form for three months to show the information was provided.
1. Milk, fluid (whole for 12-24 months; 2%, 1%, or fat-free for age two and older)
2. Fruit/Juice1/ or vegetable
Cheese (No Cheese Food)2
LUNCH or DINNER – Serve the following 5 components:
1. Milk, fluid (whole for 12-24 months; 2%, 1%, or fat-free for age two and older)
2. Fruit/Juice1/ Vegetable
Cheese (No Cheese Food)2
1 Juice: Only 100% unsweetened juice may be served.
2 Cheese must be real, natural cheese. Cheese food or cheese products may not be served.
2. Fruit /Juice1/ Vegetable
Cheese (No Cheese Food)2
1 Juice: Only 100% unsweetened juice may be served.
2 Cheese must be real, natural cheese. Cheese food or cheese products may not be served.
Cheese (No Cheese Food) 1
1 Cheese: Cheese must be real, natural cheese. Cheese food or cheese products may not be served.
The legal base for these licensing regulations is in 31 Del.C. §§341-345 and 29 Del.C. §9003(a)(7).
The purpose of these regulations is to protect and support the health, safety, well-being, and positive development of children who receive care in family and large family child care homes. These regulations establish minimum standards that licensed family and large family child care homes are required to follow. A licensee may exceed these regulations set by the Office of Child Care Licensing (OCCL) by joining Delaware Stars for Early Success or by the licensee's own efforts.
The following words and terms, when used in these regulations, have the following meaning unless the context clearly indicates otherwise:
"Administration of Medication certificate" means a document issued by OCCL that gives permission for a staff member to administer medication to children in care as described in the Administration of Medication Self-Study Guide.
"Administrative hearing" means the hearing provided to a licensee or applicant when requesting an appeal of OCCL's decision to place the facility on an enforcement action such as warning of probation, probation, suspension, revocation, or denial. A licensee or applicant shall provide evidence to contest the action.
"Administrator" means the person responsible for the supervision and administration of OCCL.
"Agreement of understanding" means a document that is part of a corrective action plan or used when necessary to ensure regulation compliance. This document contains requirements the licensee must follow to maintain licensure.
"Applicant" means the individual, president of the corporation, or managing member of the Limited Liability Company "LLC," or entity that is responsible for and has authority over the child care home.
"Associate caregiver" means a staff member who works under the supervision of a caregiver and provides child care at a large family child care home licensed before January 1, 2009. The associate caregiver is renamed large family assistant in these regulations.
"Business day" means a weekday Monday through Friday not including State of Delaware legal holidays that fall on a weekday.
"Capacity" means the total number of children, excluding school-age household members who are attending public or private school, that may be present at one time.
"Caregiver" means the staff member responsible for the total program including providing child care at a large family child care home that was licensed before January 1, 2009. The caregiver is renamed large family provider in these regulations.
"Child abuse" means to cause or inflict sexual abuse on a child; or an act by a person that has care, custody, or control of a child that causes or inflicts physical injury through unjustified force, emotional abuse, torture, exploitation, maltreatment or mistreatment as defined in 10 Del.C. §901.
"Child care" means providing care, education, protection, supervision, or guidance of children in a family or large family child care home.
"Child neglect" means the failure to provide, by those responsible for the care, custody, and control of the child, the proper or necessary education as required by law; nutrition; or medical, surgical, or any other care necessary for the child's well-being as defined in 10 Del.C. §901.
"Child sex abuse" means an act against a child that is described as a sex offense or child exploitation as defined in 11 Del.C. §8550(2).
"Child with disabilities" means a child diagnosed by a qualified professional as having a physical, intellectual, emotional, or developmental disability, or chronic medical condition. This disability may require modifications in the regular program of activities for that child at a home as listed in an individual education program "IEP," or individualized family service plan "IFSP," or as defined by applicable federal and State laws.
"CHU" means the Office of Child Care Licensing's Criminal History Unit.
"Clock hour(s)" means the actual number of hours a person spends attending the instructional portion of a training designed to develop or enhance child care skills.
"Complaint investigation" means the process followed by the division to investigate accusations that a licensee is not complying with these regulations or applicable laws.
"Compliance review" means an inspection of the home, grounds, and files to determine compliance with these regulations.
"Comprehensive Background check" means a State of Delaware and federal (national) fingerprinted report of a person's entire criminal history including a search of the National Crime Information Center's National Sex Offender Registry; and a search of state criminal, sex offender, and child abuse and neglect registries, repositories, or databases in the state where the person resides, and in each state in which he or she resided during the past five years. Adult household members, substitutes, staff members, and adult volunteers, may be present on a provisional basis after completing a State of Delaware and federal fingerprint check. However, they must be supervised at all times until an eligibility determination and approval by OCCL.
"Conference" means a meeting between OCCL and a licensee to discuss serious non-compliance as defined in these regulations. If a licensee does not correct this non-compliance as stated in a corrective action plan or agreement of understanding, this may result in an enforcement action. In addition, a licensee may request a conference to dispute non-compliance with regulations cited by a licensing specialist during a compliance review, complaint or other visit, or to discuss the denial of a variance request.
"Corrective action plan" means a document listing non-compliance a licensee must correct, how to correct it, and the date OCCL requires the corrections to be completed. This document serves as written notice of non-compliance with these regulations. A licensee wishing to contest a non-compliance shall contact a licensing supervisor to request a conference or discuss the citation over the phone. The supervisor will then discuss the information with the licensing specialist and determine whether to remove the non-compliance from the corrective action plan.
"CPSC" means the U.S. Consumer Product Safety Commission.
"Denial" means the process of refusing to grant a license after OCCL receives an application. This constitutes refusal of permission to operate.
"Department" means the Department of Services for Children, Youth and Their Families.
"Division" means the Division of Family Services within the department.
"Division director" means the director of the Division of Family Services.
"DPH" means the Delaware Division of Public Health.
"Enforcement action" means an action taken by OCCL to promote compliance such as warning of probation, probation, suspension, revocation, or denial.
"Family child care home" or "family home" means a private home in which a licensee lives and provides licensed child care.
"Family child care license" means a document issued by OCCL allowing a person or entity to operate a family home after demonstrating compliance with these regulations and other applicable codes, regulations, and laws.
"Family provider" means the person responsible for the total program including providing child care and managing the administrative aspects of a family child care home.
"Hazardous material" means any item or agent (biological, chemical, radiological, and/or physical), that has the potential to cause harm to humans, animals, or the environment, by itself or through interaction with other factors.
"Health care provider" means a professional who practices medicine with or without supervision and is sanctioned by an established licensing body. The most common types of health care providers include physicians, advance practice nurses or nurse practitioners, and physician assistants.
"Home" means both family and large family child care homes.
"Household member" means a person living in or spending the night in a family or large family home for more than 30 days within a year or a person who has a current driver's license or state-issued identification card showing the address listed on the license application.
"Individualized educational program" or "IEP" means a document written at least yearly which describes the services and supports needed for a child identified for special education usually for a child age three years and older.
"Individualized family service plan" or "IFSP" means a document written at least yearly about the required services for an infant or toddler (ages birth-two years) with an identified disability.
"Infant" means a child less than 12 months old.
"Institutional abuse" means a child is the subject of abuse or neglect while in out-of-home care as defined in 10 Del.C. §901.
"Large family aide" means the staff member who works under the direct supervision of the large family provider, large family assistant, or substitute and provides child care at a large family home. This staff member may not be alone with children.
"Large family assistant" means the staff member who works under the supervision of the large family provider and provides child care at a large family home. This staff member may provide direct supervision of a large family aide and meets the qualifications listed in these regulations.
"Large family child care home" or "large family home" means a private home or a non-residential property where a licensee offers licensed child care.
"Large family child care license" means a document issued by OCCL allowing a person or entity to operate a large family home after demonstrating compliance with these regulations and other applicable codes, regulations, and laws.
"Large family provider" means the staff member responsible for the total program including providing child care and, when applicable, managing the administrative aspects of a large family child care home. This staff member may supervise large family assistants, large family aides, and substitutes and meets the qualifications listed in these regulations.
"License" means the document issued by OCCL granting authority to a licensee at the home's location to operate under applicable State laws.
"Licensee" means the individual or entity, such as a company, corporation, business, or agency, legally responsible for a family or large family home.
"License extension" means the process of lengthening an annual license by an additional month because all conditions to issue an annual license have not been met and are not in the control of the licensee.
"Licensing specialist" means an OCCL employee who is responsible for performing regulatory activities including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations.
"Licensing supervisor" means an OCCL employee who is responsible for supervising licensing specialists. This person may perform regulatory actions and ensures licensing specialists are performing regulatory activities. This person approves complaint investigations, enforcement actions, and licenses.
"Licensure" means the status of a licensee when OCCL issued a child care license when the applicant demonstrated compliance with these regulations and applicable codes, regulations, and laws.
"Office of Child Care Licensing" or "OCCL" means the agency within the department authorized under 31 Del.C. §§341-345 to promulgate and enforce regulations for child care, to license child care facilities, and to develop and implement policies and procedures.
"Overnight care" means care for a child between the hours of 10 PM and 6 AM, when four or more hours are during a child's normal sleeping hours.
"Parent/Guardian" means a birth or adoptive parent, legal guardian, or other person having responsibility for, or legal custody of, a child.
"Preschool-age child" means a child age three through five not yet attending kindergarten or a higher grade. If a child is older than age five and not attending kindergarten or a higher grade, OCCL considers that child in the preschool-age group.
"Private home" means a non-public residence, such as a house, duplex, townhouse, apartment, or mobile home, where a licensee lives and has control over the furnishings and use of space.
"Probation" means an enforcement action initiated by OCCL due to the home being cited for serious non-compliance with these regulations. The division director approves this action. This action directs a licensee to correct all non-compliances and maintain compliance or face revocation or denial.
"Provisional license" means a license issued for a maximum period of three months when a licensee is temporarily unable to comply with DELACARE Regulations and there is no serious risk to the health, safety, or well-being of children. The licensee must agree to comply with a corrective action plan or an agreement of understanding. An extension beyond this time requires administrator approval.
"Regulation" means the minimum standard established by OCCL that is required for a particular aspect of child care.
"Revocation" means the process of rescinding a license during the license's effective dates withdrawing permission to operate.
"School-age care" means care, education, protection, supervision, or guidance for school-age children before or after school, during school holidays, or during summer months.
"School-age child" means a child who attends or has attended kindergarten or a higher grade out of the home.
"Secretary" means the Secretary of the Department of Services for Children, Youth and Their Families.
"Section 504 Plan" means a document describing accommodations provided to a child with a disability to ensure full participation at the home.
"Serious injury" means any impact or injury to a child's face or head, or any physical injury that creates a substantial risk of death or causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of a body part.
"Serious non-compliance" means an action or actions that violate the terms of a license and presents a significant risk to children. Serious non-compliance includes, but is not limited to the following: child abuse or neglect, excessive non-compliance, failing to admit authorized people into the facility, failing to cooperate with an investigation, failing to disclose household members, failing to report abuse or neglect, improper discipline, improper release of children, improper staff-to-child ratios, inappropriate adult behavior, lack of supervision, medication errors, having no administrator or curriculum coordinator, being over-capacity, participating in fraud or making false statements, safe sleep violations, being sanctioned by another agency, providing transportation in an unsafe manner, being under the influence of drugs and/or alcohol, leaving unqualified staff alone with children, failing to complete comprehensive background checks as required, having an unsafe home/environment, violating an agreement of understanding, or refusing to sign an agreement of understanding.
"Staff member" means a licensee, a large family provider, a large family assistant, a large family aide, or a substitute. Although substitutes are considered staff members, a licensee is not required to provide a complete staff file for a substitute in a large family home.
"Substitute" means an adult staff member selected by a licensee to provide child care in a family or large family home. The substitute may provide care when a licensee, large family provider, large family assistant, or large family aide is not present due to an emergency or non-emergency situation. The substitute may be present when a licensee or staff member is present but a licensee wants another person to help provide care. OCCL must approve substitutes.
"Supervision" or "direct supervision" (of children or staff members) means a licensee or staff member is physically present in the same room or area, including outside, with children or staff. Supervision of children includes providing watchful oversight and timely attention to children's actions and needs.
"Suspension order" means a notice issued by OCCL directing a licensee to stop providing child care as of a specific date. While the license is suspended, a licensee may not provide child care.
"Toddler" means a child at least 12 months old and less than 36 months old.
"Training" means an organized professional development activity that is approved or accepted by OCCL as designed to develop or enhance the staff member's skills in providing care to children.
"Variance" means OCCL's approval for a licensee to meet the intent of a specific licensing regulation in a way that is different from the way the regulation specifies. OCCL will only give this approval when the change will not endanger the health, safety, or well-being of children in care.
"Volunteer, adult" or "adult volunteer" means a person at least 18 years old who provides an unpaid service or support to a family or large family home.
"Volunteer, youth" or "youth volunteer" means a person at least 13 years old who provides an unpaid service or support to a family or large family home. OCCL must approve youth volunteers before they begin volunteering.
"Warning of probation" means an enforcement action initiated by OCCL because the home was cited for serious non-compliance. OCCL's administrator approves this action. This action directs a licensee to correct all non-compliances and maintain compliance or face probation or another enforcement action.
7.1.2.6.1 Agreement to comply with federal and State laws and regulations including, but not limited to, the Americans with Disabilities Act and Delaware equal accommodations law;
7.1.3.10 Release of employment form that allows OCCL to collect service letters as per 19 Del.C. §708. The form will list the applicant's current or most recent employer and all health care and child care facilities where the applicant worked within the past five years. If an applicant has no former employer, the applicant shall provide information for two more references;
10.2 The applicant or licensee shall describe on a written variance request form, located on OCCL's website (currently https://kids.delaware.gov/occl/occl.shtml), how he or she will meet the intent of a specific regulation in a different way from the way the regulation states.
11.5 Complaints relating specifically to laws, rules, or regulations of other governmental entities including but not limited to the Americans with Disabilities Act and Delaware Equal Accommodations Law) will be referred to the appropriate entity, charged with enforcement authority, for investigation. At the time of the referral, OCCL shall request a report of the findings. OCCL shall assist the complaining party with the referral process or make the referral itself, as appropriate.  OCCL shall request a report of the findings at the conclusion of the investigation. These findings may be used as the basis for an OCCL enforcement action.