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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJune 2014

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9 DE Admin. Code 101
REASON FOR THE EMERGENCY ORDER
The Department of Services for Children, Youth and their Families (DSCYF) promulgates an emergency regulation pursuant to 29 Del.C. §10119. This emergency regulation is necessary to protect children in camps during the summer 2014 season. By Executive Order, Governor Markell established the Delaware Background Checks Task Force in January 2014 (Task Force). The Task Force is undergoing a comprehensive review of Delaware's background check laws for those who work with children and youth. This group will complete a report consisting of recommendations for improving the current system by the end of 2014. Until that time, children who attend these camps may be at risk because employees and volunteers at youth summer camps are not currently required to have background checks. DSCYF in partnership with the Delaware Justice Information System (DELJIS) has created a process for the 2014 summer camp season to check a potential camp employee's background for crimes and placement on the Child Placement Registry which would make them ineligible to work with children. This process will be of no cost to employers and potential employees and will be as efficient as possible for all involved.
This Emergency Order shall take effect at 8:00 a.m. May 19, 2014 and shall remain in effect for 120 days.
It is hereby ordered this 16th day of May, 2014 that the above referenced amendment to 9 DE Admin. Code 101 is adopted pursuant to 29 Del.C. §4819.
3.3.1 Camps permitted or exempted issued permits by the Division of Public Health; provided the following conditions are met, regardless of the number of children enrolled
3.3.1.3 A person who is employed by or is a volunteer in such a camp, is required to inform and shall inform, that person's own employer of any criminal conviction or of any entry on the Child Protection Registry.
3.3.6 Any public or private school that provides regular and thorough instruction through at least the sixth (6th) grade in the subjects prescribed for the schools of the State, in a manner suitable to children of the same age and stage of advancement, and that reports to the State Board of Education pursuant to Delaware Code, Title 14, Chapter 27, Subchapter I, Subsection 2704. This exclusion shall include all programs operated by such schools and shall also include preschool education programs for handicapped persons as defined by Delaware Code, Title 14, Chapter 31, Subchapter I, Subsection 3101 (4).
3.5.2 To operate a School-Age Center, a Center shall also meet Part III rules.
Administrative appeal hearing” means the process that entitles an applicant or licensee the opportunity to appeal the Division’s decision to deny or revoke a license.
"Adult" means a person who has reached his or her eighteenth (18th) birthday.
“Applicant” means an individual, agency, corporation or partnership applying for a license that is obtained from the Office of Child Care Licensing.
“Center” means the licensed early care and education and/or school-age center.
“Certified Child Care Health Consultant” means an independent contractor who has completed the National Training Institute for Child Care Health Consultant Training and is trained to assist early care and education and school-age centers with health and safety issues.
"Child" means a person who has not reached the age of eighteen (18) years.
“Child Abuse” means any physical injury to a child by those responsible for the care, custody and control of the child, through unjustified force as defined in Delaware Code, Title 11, Chapter 4, Subsection 468, emotional abuse, torture, criminally negligent treatment, sexual abuse, exploitation, maltreatment or mistreatment as defined in Delaware Code, Title 16, Chapter 9, Subchapter I, Subsection 902.
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 Delaware Code, Title 16, Chapter 9, Subchapter I, Subsection 902.
Child Sex Abuse” means any sexual offense or child exploitation as defined in Delaware Code, Title 11, Chapter 85, Subchapter IV, Subsection 8550.
"Child with Disabilities" means a child who has been diagnosed by a qualified professional as having a physical, intellectual, emotional, developmental or chronic medical conditions(s) or impairments(s) which would require modifications(s) in the regular program of activities for that child at a Center or as defined by applicable Federal and State Laws.
“Clock Hour(s)” means the actual number of hours or time a participant spends attending the instructional portion of a training designed to develop or enhance early care and education or school–age care competencies.
“Comprehensive Professional Development System” means an organized entity within an appropriate Department within the State of Delaware that promotes and coordinates systems and activities to advance the development of the early care and education and school-age care workforce. “Delaware First” has been the name under which a comprehensive professional development system was established for early care and education and school-age care professionals in Delaware.
“Complaint” means an accusation that a Center is not in compliance with the licensing rule(s) or the licensing law(s). Complaints may be written or oral and may be anonymous.
“Corrective Action Plan” means the citing of the relevant rule(s) of non-compliance, a statement of the nature of the non-compliance, the action required to return to compliance and the date by which that compliance shall be attained.
“Delaware Firstmeans the comprehensive professional development system for early care and education and school-age care professionals in Delaware.
"Department" means the Department of Services for Children, Youth and Their Families.
“Denial” means the process of refusing to grant a license after receipt of an original or renewal application. This constitutes refusal of official permission to operate.
“Direct Child Care” means the providing of care, education, protection, supervision or guidance of children.
“Direct Observation” (of children or staff members) means that staff are physically present in the same room or area with children or other staff members, are visually monitoring the interactions of children and/or staff, and are alert to any problems that may occur.
“Direct Voice Contact” means a licensee is required to speak directly with a Licensing Specialist from the Office of Child Care Licensing through a phone call or face-to-face contact. When direct voice contact is required, leaving a voice mail message is not acceptable.
"Division" means the Division of Family Services within the Department.
Early Care and Educationmeans the care, education, protection, supervision or guidance of children beginning at birth.
“Early Childhood Administrator” means a staff member with direct responsibility for the Center’s total program of services provided to children and their families, and including, when applicable, the administrative aspects. The Early Childhood Administrator approves curriculum, and when also serving as the Early Childhood Curriculum Coordinator, develops and evaluates curriculum, and implements and/or monitors implementation of curriculum and daily activities for children at the Center. The Early Childhood Administrator supervises the Early Childhood Curriculum Coordinator, and when necessary, Early Childhood Teachers and meets the qualifications specified in Rules 24.5.1 and when applicable, 24.6, 24.7,24.9.1, and 24.9.2.
“Early Childhood Assistant Teacher” means a staff member who works under the supervision of at least an Early Childhood Teacher and performs direct child care functions and related duties and assists in the implementation of curriculum. The Early Childhood Assistant Teacher meets the qualifications specified in Rule 24.11.1 and when applicable, 24.11.2.
“Early Childhood Caregiver” means a staff member who was formerly a Caregiver at a particular Center licensed before the effective date of these rules or transfers only to a Center licensed before the effective date of these rule that is directly affiliated with the original Center and has qualified for this position at that same Center, and who works under the supervision of at least an Early Childhood Teacher and performs direct child care functions and related duties and assists in the implementation of curriculum. The Early Childhood Caregiver meets the qualifications specified in Rule 24.12.1.
“Early Childhood Curriculum Coordinatormeans a staff member who works under the supervision of the Early Childhood Administrator and is immediately responsible for the direct care, supervision, guidance and education of children at a Center. The Early Childhood Curriculum Coordinator develops and evaluates curriculum, and implements and/or monitors implementation of curriculum and daily activities for children at the Center. The Early Childhood Curriculum Coordinator may supervise Early Childhood Teachers, Early Childhood Assistant Teachers, Early Childhood Caregivers, Early Childhood Interns, Volunteers and Substitutes and meets the qualifications specified in Rules 24.8.1 and when applicable, 24.9.1 and 24.9.2.
“Early Childhood Intern” means a staff member who works under the supervision of an Early Childhood Teacher and the direct observation of at least an Early Childhood Assistant Teacher or Early Childhood Caregiver and performs direct child care functions and related duties and meets the qualifications specified in Rules 24.13.1 and when applicable, 24.13.2.
“Early Childhood Teacher” means a staff member who works under the supervision of an Early Childhood Administrator or Early Childhood Curriculum Coordinator and is immediately responsible for the direct care, supervision, guidance and education of children at a Center. The Early Childhood Teacher implements the curriculum and daily activities for a group(s) of children. The Early Childhood Teacher may supervise Early Childhood Assistant Teachers, Early Childhood Caregivers, Early Childhood Interns, Volunteers and Substitutes and meet the qualifications specified in Rule 24.10.1.
“Family” means biological or adoptive father or mother, but may be interpreted broadly to include any person, whether related to the child by blood or not, who resides with the child, takes part in the child’s family life and also may have responsibility for, or legal custody of the child.
"Field Trip" means an excursion trip or program activity off the Center property.
"Governing Body" means the person or group of persons with ultimate responsibility for and authority over the operation of a Center, as for example, an owner(s) or Board of Directors.
“Group Size” means the maximum number of children assigned to a specific staff member or group of staff members, occupying an individual classroom or well-defined physical space within a large room.
“Health Care Provider” means a professional who practices medicine with or without supervision and is sanctioned by an established licensing body. The most common types of health care providers include physicians, advance practice nurses (nurse practitioners), and physician assistants.
“Individualized Educational Program” (IEP) means a written statement of a child’s educational program which identifies the services for a child with disabilities or special needs so that he or she may grow and learn during the school year. To develop an IEP, the local education agency officials and others involved in the child’s educational program meet to discuss education related goals.
“Individualized Family Service Plan” (IFSP) means a document written at least once each year by the parent(s)/guardian(s) and personnel serving infants/toddlers with disabilities or special needs.
"Infant" means a child who is less than one (1) year old.
“Informal Hearing” means a meeting between the Division and the licensee when a temporary suspension order has been issued.
“Institutional Abuse” means when a person responsible for a child’s care in an out-of-home setting jeopardizes the well being of a child that results or may result in physical or emotional injury.
"License" means the Office of Child Care Licensing’s granting of authority through a written certification to a licensee at the Center’s location to operate under applicable State Law(s).
“Licensee” means the entity legally responsible for a licensed Center.
“Licensing Specialist” means the individual in the employment of the Department of Services for Children, Youth and their Families, Division of Family Services, Office of Child Care Licensing and is responsible for performing regulatory and enforcement activities in the licensure of early care and education and school-age centers.
"Meal" means breakfast, lunch or dinner.
"Night Care" means care for any child between the hours of 8:00 P.M. and 6:00 A.M. when the period includes any portion of the child's normal sleeping hours.
“Office of Child Care Licensing” means the organization within the Department authorized under Delaware Code, Title 31, Chapter 3, Subchapter III, to promulgate and enforce rules, regulations and standards for the conduct of child care, including the licensing thereof, and the development and implementation of policies and procedures.
“Owner” means the person(s), firm, partnership, association, organization, corporation or governmental entity with legal and/or fiscal responsibility for and authority over the operation of the Center.
"Parent(s)/guardian(s)" means a birth or adoptive parent, legal guardian or any other person having responsibility for, or legal custody of, a child.
"Preschool-Age Child" means a child three (3) through five (5) years of age who is not yet attending a public or private kindergarten program. If a child is older than five (5) years of age and is not yet attending a public or private kindergarten program, that child shall be considered in the preschool-age group until attending either kindergarten or first grade which ever comes first.
“Professional Development” means the continuous pursuit of essential knowledge and skills to develop or enhance generally accepted competencies in the early care and education and school-age care field.
"Regularly or on a regular basis" means early care and education and school-age care services which are available and provided at a Center on more than one (1) day in any one (1) week.
“Revocation” means the process of rescinding a license during the effective dates of a license. This constitutes revocation of official permission to operate.
“Secretary” means the Secretary of the Department of Services for Children, Youth and Their Families.
“School-Age Administrator” means a staff member of a School-Age Center with direct or supervisory responsibility School-Age for the Center’s total program of services provided to children and their families, and including, when applicable, the administrative aspects. The School-Age Administrator approves curriculum and also, when not assigning such duties to a School-Age Site Coordinator, develops and evaluates curriculum, and implements and/or monitors implementation of curriculum and daily activities for children at the School-Age Center. The School-Age Administrator supervises School-Age Site Coordinators and when necessary, School-Age Site Assistants and School-Age Interns, and meets the qualification specified in Rules 89.2.1 and 89.2.2.
"School-Age Care" means care, education, protection, supervision or guidance for school-age children in any of the following circumstances: before and/or after school; during school holidays; and/or summer months.
“School-Age Center” means a Center that exclusively provides care for school-age children.
"School-Age Child" means a child five (5) years of age or older or who is attending kindergarten or higher grade. A child shall be considered school-age for staff /child ratio purposes beginning the first day attending either kindergarten or first grade which ever comes first.
“School-Age Intern” means a staff member of a School-Age Center who works under the supervision of at least a School-Age Site Coordinator, or School-Age Site Assistant who is designated as responsible for the School-Age Center, and under the direct observation of at least a School-Age Site Assistant and performs direct child care functions and related duties and meets the qualifications specified in Rules 89.5.1 and when applicable, 89.5.2.
“School-Age Site Assistant” means a staff member of a School-Age Center who works under the supervision of at least a School-Age Site Coordinator and performs direct child care functions and related duties and assists in the implementation of curriculum. The School-Age Site Assistant who is designated as responsible for the School-Age Center may supervise School-Age Interns, Volunteers and Substitutes and meets the qualifications specified in Rule 89.4.1.
School-Age Site Coordinator” means a staff member of a School-Age Center who works under the supervision of the School-Age Administrator and is immediately responsible for the day-to-day operations of the School-Age Center, direct care, supervision, guidance and education of the children. The School-Age Site Coordinator implements curriculum and daily activities for children at the School-Age Center. Also, when assigned such duties, the School-Age Site Coordinator develops and evaluates curriculum, and monitors implementation of curriculum. The School-Age Site Coordinator may supervise School-Age Site Assistants, School-Age Interns, Volunteers and Substitutes and meets the qualifications specified in Rules 89.3.1 and, when applicable, 89.3.2.
"Snack" means supplemental food served between meals.
Staff or Staff Member” means any full or part time employee of a Center including substitutes or volunteers.
Substitute” means a paid staff member who is temporarily filling in for a position during the absence of a permanent staff member and works under the supervision of at least an Early Childhood Teacher, School-Age Site Coordinator, or School-Age Site Assistant who is designated as responsible for the School-Age Center, and when necessary, under the direct observation of at least an Early Childhood Assistant Teacher, Early Childhood Caregiver, or School-Age Site Assistant.
“Supervision” (of children) means the appropriate number of staff members are physically present in the area or room where children are being cared for and are providing watchful oversight and timely attention to the children’s actions and needs.
“Supervision” (of staff) means performing monitoring and evaluation functions of assigned staff which includes the observation of interactions of assigned staff with children and families, staff’s adherence to the Delacare: Rules for Early Care and Education and School-Age Centers, and the Center’s policies and procedures. When performing monitoring functions, supervisory staff shall be physically present in the same room or area as assigned staff and directly observe staff to monitor on-going interaction with children.
“Suspension Order” means a notice issued by the Office of Child Care Licensing that the license to operate a Center has been suspended.
"Toddler" means a child who is one (1) to three (3) years of age.
"Training" means successful participation in an organized professional development activity that is approved or accepted by the Office of Child Care Licensing as designed to develop or enhance the early care and education or school-age care competencies.
“Variance means the nontransferable written authorization issued by the Division to use alternative means which meet the intent of the specific licensing rule(s) and is based on the need(s) or circumstance(s) of the Center.
“Volunteer” means any person who provides an unpaid service or support to a Center. Volunteers shall be under the supervision of at least an Early Childhood Teacher, School-Age Site Coordinator, or School-Age Site Assistant who is designated as responsible for the School-Age Center and, when necessary, under the direct observation of at least an Early Childhood Assistant Teacher, Early Childhood Caregiver, or School-Age Site Assistant.
“Working Day(s)” means any weekday Monday through Friday but not including the weekend (Saturday and Sunday) and a State of Delaware legal holiday that falls on a weekday.
An agency, corporation, partnership or individual shall not operate or maintain a Center unless issued a license to do so by the Office of Child Care Licensing.
5.3 Issuance of License
An investigation by the Office of Child Care Licensing shall be made if a complaint is received regarding these rules, Delacare: Rules for Early Care and Education and School-Age Centers. The Office of Child Care Licensing shall notify the licensee that a complaint is being investigated. The results of the Office of Child Care Licensing’s investigation shall be reported in writing to the Center investigated. If the complaint is substantiated or if any other violations are found as a result of the investigation, the licensee shall be required to abate the violations and come into full or substantial compliance with State Law and the rules and regulations promulgated by the Office of Child Care Licensing.
15.0 Notification to the Office of Child Care Licensing
18.4.15 The original copy of The Parents Right to Know Act form signed by the parent(s)/guardian(s).
21.1.1 Written report from a health care provider of a health appraisal attesting to the health of the staff member, including the ability to perform essential job functions as described in Rule #134, completed within one (1) year prior to the date of employment and on file with the Center within the first month of employment;
24.5 Early Childhood Administrator
24.11 Early Childhood Teacher
24.11.1 A licensee shall ensure that a an Early Childhood Teacher is at least eighteen (18) years of age and meets one (1) of the following qualifications:
24.14.1.1 At least successful completion of either Delaware First’s “Introduction to Child Care” or “Child Development” completed within twelve (12) months of employment; or
24.16.1 A licensee shall ensure that staff charged with caring for children is are not given other duties which would interfere with providing care to children.
24.17.1 A licensee shall have substitute staff that are at least sixteen (16) years of age, including documentation of their qualifications to fill a particular positions during the absences of permanent staff. A substitute that is temporarily filling in for a position in which he or she is not fully qualified shall be allowed to count toward child/staff ratios if supervised by at least an Early Childhood Teacher, School-Age Site Coordinator, or School-Age Site Assistant who is designated as responsible for the School-Age Center and under the direct observation of at least an Early Childhood Assistant Teacher, Early Childhood Caregivers, or School-Age Site Assistant at all times. 24.17.1.1 When it is known beforehand that a position will be temporarily available for two (2) or more months continuously, the person or persons substituting in that position shall be fully qualified for the position throughout the whole time period.
26.1.1 For staff members providing direct child care, all training shall be within topics or core areas associated with improving quality in early care and education and school-age care. Topics shall include the following core areas: Child Development; Developmental Curriculum Planning; Understanding Children’s Behavior; Health and Safety;]Nutrition; Family/Community ; Professionalism; and Administration.
Older Preschool Child 4 to 5 Years or older (Or not yet in K* or first grade which ever comes first)
School-Age Child 5 Years or older (Or at least in K* or first grade which ever comes first)
29.9 A licensee shall have at least two (2) staff present when seven (7) or more children one (1) year and older are present.
29.10 A licensee shall ensure that during times when children are normally arriving at the beginning of the day and leaving at the end of the day, the segregation of age groups for children one (1) year and older will not be required but that there is an organized approach to the supervision of and accountability for children and staff/child ratios are still maintained.
31.1 A licensee shall ensure that every building, or part thereof that is used as a Center, is constructed, used, furnished, maintained and equipped in compliance with all applicable requirements established by Federal, State, local and municipal regulatory bodies.
32.1 A licensee shall maintain all areas of the facility in a clean, safe condition free from hazards to the health and safety of children.
32.3 A licensee shall ensure that grounds drain either naturally or through installed drainage systems so that there is no standing drainage water on the premises.
32.4 A licensee shall ensure that garbage and rubbish are stored securely in non-combustible, covered containers in separate areas inaccessible to children and is removed on a regular basis but not less than once every week.
32.5 A licensee shall ensure that trash collection receptacles are stored in designated areas away from the children's play areas.
33.1 A licensee shall maintain or have access to an outdoor play area with at least seventy-five (75) square feet for each child for the maximum number of children who will use the playground at one (1) time.
33.3 A licensee shall ensure that the outdoor play area is situated adjacent to or within close proximity to the Center and available to the children
33.4 A licensee shall ensure that outdoor play areas are fenced.
33.7 A licensee shall ensure that the protective surface of the outdoor play area beneath and in the fall zones of climbing equipment, slides, swings and similar equipment is of approved resilient material which absorbs falls.
33.7.2 The materials used in the fall zone shall follow the instructions as listed in the most recent publication of the United States Consumer Product Safety Commission’s (CPSC) Handbook for Public Playground Safety regarding critical heights of tested materials (see CPSC website at http://www.cpsc.gov/cpscpub/pubs/325.pdf - Table - Critical Heights (in feet) of Tested Materials (currently on page 5 of the CPSC document); or
33.10 A licensee shall ensure that the outdoor play area has equipment for vigorous play and large muscle activity with attention to the needs of the diversity of children served and their abilities to participate and is free of hazards.
33.12 A licensee shall ensure that the outdoor play area has a shaded rest area for children.
33.13 When a licensee can demonstrate that the outdoor space rule cannot be met, the licensee shall provide, in addition to the indoor play space required by Rule 36.1, a minimum of 700 square feet of open, accessible indoor play space for large muscle activity.
35.1 A licensee shall ensure that interior space designated for the use of children is available to children when the Center is in operation and is arranged to allow each child adequate space for free movement and active play.
36.1 A licensee shall ensure that a Center has at least thirty-five (35) square feet for each child. Measurements shall be from wall to wall on the inside.
36.3 A licensee shall ensure that the floors of all rooms in a Center have a surface which is safe and cleanable.
37.1 A licensee shall ensure that each child, except school-age children who do not sleep at the Center, has clean, age-appropriate individual rest equipment such as a crib, playpen, cot, bed or mat and bedding.
37.2 A licensee shall ensure that sleeping mats are stored so that there is no contact with the sleeping surface of another mat or disinfected after each use.
37.3 A licensee shall ensure that cribs are not stacked while in use.
37.4 A licensee shall ensure that seasonably appropriate top and bottom coverings, such as sheets and blankets, are provided for each child.
37.5 A licensee shall ensure that rest equipment is placed at least one and one-half (1 ½) feet apart while in use with children sleeping in alternating body positions aligning their head to the feet of the child next to them.
37.6 A licensee shall ensure that rest equipment is maintained in a safe condition.
38.1 A licensee shall ensure that a Center has a separate area where children who are exhibiting illnesses/symptoms requiring exclusion from the Center are cared for until they can be removed from the Center or are diagnosed as posing no risk to themselves or others.
39.1 A licensee shall ensure that a Center has enclosed toilet rooms inside the building on the same floor as inside play area(s).
39.5 A licensee shall ensure that potty chairs are not be substituted for toilets and, if used, are placed in the toilet room.
39.5.2 A licensee shall ensure that toilet rooms in a Center has at least one (1) operable window or mechanical ventilation.
39.5.4 A licensee shall ensure that all surfaces in a toilet room are smooth, cleanable and non-absorbent.
39.5.5 A licensee shall ensure that toilet room(s) in a Center are maintained in a sanitary condition and cleaned daily or more frequently if needed.
40.1 A licensee shall ensure that areas and equipment specified in Rules 40.2 and 40.3 are washed with soap and water and disinfected as required.
40.3 A licensee shall ensure that staff wash and disinfect the following equipment items or surfaces at least daily:
41.1 A licensee shall ensure that staff and children wash their hands regardless of glove usage with soap and running water and use single service towels for drying hands:
41.1.5 After toileting or diapering;
43.1 A licensee shall ensure that the diapers and other clothing of children are changed when wet or soiled.
43.2 A licensee shall ensure that a Center has a diaper changing area with a clean, washable and non-absorbent surface.
43.3 A licensee shall ensure that used disposable diapers are placed in a foot-activated container that is used exclusively for diapers and lined with a leak-proof or impervious liner.
43.4 A licensee shall have an established procedure for changing diapers to include at least the following steps:
44.8 A licensee shall ensure that storage areas for food in a Center are cleanable and free of food particles, dust and dirt.
44.9 A licensee shall ensure that the kitchen or food preparation area is constructed and supervised to prevent access by children unless staff is conducting a specific educational activity within the kitchen or food preparation area. Staff shall organize and supervise such educational activities to ensure the safety of all children participating.
46.1 A licensee shall provide insect screening for all exterior doors and operable windows when such doors and windows are used for ventilation, provided that all requirements for fire safety have been met. This screening shall be in good repair.
46.2 A licensee shall ensure that unless mechanical ventilation is provided, a Center has window area equal, at a minimum, to four and one-half percent (4 ½%) of the floor area of the Center. Half (1/2) of such window area shall be operable.
46.3 A licensee shall ensure that all floor or window fans in a Center are inaccessible to children and bear the safety certification mark of a recognized testing laboratory such as UL (Underwriters Laboratories) or ETL (Electrotechnical Laboratory).
46.5 A licensee shall ensure that all heating and cooling equipment is safely shielded to prevent the injury of children.
46.7 A licensee shall ensure that room temperatures in rooms used by the children are maintained at a minimum temperature of sixty-five (65) degrees F. and a maximum of eighty-five (85) degrees F. at floor level unless there is conflict with Federal and State energy Laws.
48.1 A licensee shall ensure that a Center has sufficient natural and artificial lighting to allow for the supervision of the children and provide illumination of at least thirty (30) foot candles at floor level in areas where children’s activities occur.
49.1.1 A licensee shall ensure that the water supply and the sewage disposal in a Center are approved by the Division of Public Health and the Department of Natural Resources and Environmental Control, respectively.
50.2 A licensee shall ensure that the Center not have any building components, equipment, furnishing, or decorations surfaced with or containing hazardous materials such as asbestos, deteriorated lead-based paint, or lead-based paint present on accessible, friction or impact surfaces.
51.2 A licensee shall have a written evacuation plan of the Center posted in each room the children use.
54.1 A licensee shall have, in locations readily accessible to staff, but not to children, first aid kits containing, but not limited to the following:
55.1 A licensee shall ensure that a Center has a working, listed telephone.
56.2 A licensee shall ensure that porches, and elevated walkways or surfaces in a Center, of more than two (2) feet in height have hazard-free barriers to prevent falls.
56.5 A licensee shall utilize approved products and procedures to ensure that the Center is protected from insect infestation and the products and procedures do not present a hazard to children.
56.6 A licensee shall ensure that all buildings used by a Center are rodent free.
56.7 A licensee shall ensure that children in care of a Center not swim in areas posted as being unsafe. An individual with current water safety instructor training or senior lifesaving training from the American Red Cross or its equivalent shall be on duty when the children in care are swimming.
56.8 A licensee shall ensure that stairways, inside and outside, over four (4) steps, have handrails at a maximum height of thirty-eight (38) inches.
57.1 A licensee of a Center which provides transportation for children shall ensure that the vehicle and operator of a vehicle used to transport children are in compliance with all applicable Federal, State and local laws.
A child preschool age or younger shall be only transported on a school bus that is properly equipped for child safety restraints unless written permission is received from the parent(s)/guardian(s) of that child allowing the child to be transported on a school bus unrestrained. The Center shall explain to parent(s)/guardian(s) in the Center’s written transportation policy that while child safety restraints on school buses for children preschool age or younger are not currently required by State Law, the National Highway Traffic Safety Administration recommends that children in this age group always be transported in school buses properly equipped for child restraints.
57.4 A licensee shall inform parents/guardians of the Center's transportation policy and obtain written permission from parents/guardians for any transportation provided by the Center. This permission shall specify any special need or problem of the a child which might require special attention during transportation. The operator or attendant of the vehicle shall be given a copy of this information with directions on handling any special need or problem. This permission shall also identify who is operating each vehicle.
57.8 A licensee shall ensure that children are never left unattended in a vehicle used by the Center to transport children.
57.9 A licensee shall not transport children in the open back of a truck.
57.10 A licensee shall ensure that children are loaded and unloaded at the curbside of the vehicle or in a protected parking area or driveway.
57.11 A licensee shall ensure that a vehicle used to transport children has an operable heater capable of maintaining a temperature of at least fifty (50) degrees F. in the vehicle.
57.13 A licensee shall ensure that each vehicle used to transport children is equipped with an operable dry chemical fire extinguisher approved by the Underwriter's Laboratory.
59.1 A licensee shall have specific arrangements with a health care provider who will agree to provide consultation on both routine and emergency health care for children.
61.1 A licensee shall ensure that within one (1) month following admission, the licensee has on file an age-appropriate health appraisal conducted within the last twelve (12) months prior to admission for each child in attendance unless required by Law to be admitted without a health appraisal such as specified in the McKinney-Vento Homeless Assistance Act or any applicable local, State and Federal Laws and regulations. Health appraisals shall be certified by a health care provider and updated yearly or in accordance with the recommended schedule for routine health supervision of the American Academy of Pediatrics. The health appraisal shall include:
61.2 A licensee shall ensure that for school-age children, a copy of the health appraisal required by the child’s school is also on file at the Center.
61.3 A licensee shall ensure that a child whose parent(s)/guardian(s) objects to immunizations on a religious basis or whose health care provider certifies that such immunization may be detrimental to the child’s health will be exempt from the immunization requirement provided that the parent(s)/guardian(s) submits to the Early Childhood or School-Age Administrator a notarized statement explaining the exemption is in compliance with State Law.
63.1 A licensee shall not permit a child who has symptoms of illness specified below to be admitted to the Center or remain at the Center unless written documentation from a health care provider, or verbal with written follow-up, states the child has been diagnosed and poses no serious health risk to the child or to other children. The symptoms of illness for possible exclusion shall include, but not be limited to any of the following:
63.2 A licensee shall ensure that the child may return to the Center when the symptoms are no longer present or a health care provider indicates the child poses no serious health risk to the child or to other children.
63.3 A licensee shall not permit a child with a reportable communicable disease, as specified by the Division of Public Health, to be admitted to or remain at the Center, unless:
63.4 A licensee shall report any reportable communicable disease to the Division of Public Health in accordance with Division of Public Health procedures. For current information on reportable communicable diseases and reporting procedures, the licensee shall contact the Division of Public Health or refer to the website - http://www.dhss.delaware.gov/dhss/dph/dpc/rptdisease.html.
63.5 A licensee shall ensure that when a child has been diagnosed as having a reportable vaccine-preventable communicable disease, all children who have not been immunized against the disease are excluded from the Center in accordance with Division of Public Health procedures.
63.7 A licensee shall ensure that while a child is cared for in the separate room/area, the child is supervised and the child's individual needs for rest, comfort, food, drink and activity are met.
64.1 A licensee shall ensure that only trained staff members authorized in accordance with State Law, or health care providers, nurses or other qualified medical health personnel administer medication to children in a Center.
64.4 A licensee shall ensure that all prescription medication is in its original container, properly labeled, has not expired, and is authorized by the child's health care provider.
64.5 A licensee shall ensure that all non-prescription medication is in its original container, properly labeled with directions for its administration, has not expired, and is labeled with the child's name.
64.7 A licensee shall ensure that all medication in the Center is stored so as to be secure and inaccessible to children.
64.8 A licensee shall ensure that unused medication is returned to the parent(s)/guardian(s) when no longer needed by a the child.
65.1 A licensee shall ensure that when an accident or injury occurs to a child during the hours of care, that the Center’s staff take the emergency action to protect the child from further harm and notify the child's parent(s)/guardian(s).
67.1.1 A licensee shall have a written policy concerning food service including:
67.1.2 A licensee shall ensure that staff responsible for food service has knowledge of nutrition, sanitary food preparation, storage and clean-up and adhere to the Center’s policy on food service.
67.1.4 A licensee shall ensure that menus are planned in advance, are dated and are posted in a prominent place. Menus noting actual food served shall be retained by the Center for thirty (30) days. Any changes made in actual food served on a particular date are to shall be documented on the menu for on or before that date.
67.1.6 A licensee shall ensure that nutritious and appropriately-timed meals and snacks meeting nutritional requirements are served in accordance with the following schedule which indicates number of hours child is present at the Center:
67.1.9 A licensee shall ensure that when fruit juice is served, 100%-unsweetened juice is used, and not a fruit drink.
67.1.11 .A licensee shall provide for the introduction of a variety of food textures and, finger foods and a cup in the training of self-feeding and nutrition education.
67.1.12 A licensee shall ensure that powdered milk is not be used as a substitute for fluid milk for drinking purposes but may be used in cooking.
67.2.1 A licensee shall ensure that a breakfast served has at least one (1) item each from the milk (A), fruits and vegetables (C) and grain (D) food groups as described in Rule 67.1.8.
67.2.2 A licensee shall ensure that a lunch or dinner served has one (1) item from each of the milk (A), protein (B) and grain (D) food groups and two (2) items from the fruit and vegetable (C) food groups as described in Rule 67.1.8.
68.1 A licensee shall
69.1 A licensee shall ensure that the daily population at the Center is in accordance with any capacity restrictions on the Center's license.
71.1 A licensee shall have an organized system of communicating with parent(s)/guardian(s) in a respectful manner that incorporates the use of a written policy regarding parent(s)/guardian(s) communication including strategies to ensure parent(s)/guardian(s) involvement in the Center as follows:
71.3 A licensee shall ensure that parent(s)/guardian(s) have access to the Center to observe their children in care at any time without prior approval of the Center.
72.0 Program Goals and Planning
72.2.3 Delaware Early Learning Foundations for School Success regarding preschoolers is on the Delaware Department of Education website at http://www.doe.k12.de.us/early_childhood/Standards/preschool.htm
72.2.4 Delaware Infant and Toddler Early Learning Foundations: A Curriculum Framework regarding infants and toddlers is on the Delaware Department of Education website at http://www.doe.k12.de.us/early childhood/Standards/InfantToddlerFoundationStandards.pdf
74.1 A licensee shall care for infants and toddlers in rooms and outdoor play areas separate from older children unless twelve (12) or fewer children in total are present.
74.2 A licensee shall ensure that a staff member who at least is an Early Childhood Assistant Teacher or Early Childhood Caregiver is always in the room with the infants and toddlers.
80.5 A licensee shall ensure that toys, play equipment and other equipment used by the children are of sturdy and safe construction and free from hazards such as causing entrapment, and having rough edges, sharp corners, pinch and crush points, splinters, exposed bolts, small lose pieces and are free from recall.
80.9 A licensee shall prohibit toys that explode or fire projectiles.
80.10 A licensee shall ensure that infants and toddlers do not have access to plastic bags, styrofoam objects or toys, and objects with a diameter of less than one (1) inch.
82.1 A licensee shall have and use written policy and procedures for the release of children including:
82.2 A licensee shall ensure that a child is released only to a parent/guardian or a person authorized by the parent/guardian to receive the child.
82.4 A licensee shall ensure that when a parent/guardian calls the Center requesting emergency release of a child, the staff member verifies the identity of the parent/guardian prior to releasing the child.
83.2 A Center licensed to provide only Night Care shall be exempt from the following rules in Part I, GENERAL PROVISIONS:
84.1.1 A licensee shall show evidence of a security program to ensure that access to children is limited to authorized persons.
84.2.1 A licensee shall ensure that sleeping arrangements are structured so that children who are awake are cared for in a separate area from sleeping children and that sleeping children are not disturbed.
84.2.3 licensee shall ensure that children over the age of seven (7) years do not share a dressing area with persons of the opposite sex.
84.3.2 A licensee shall ensure that no child is left unsupervised while in a bathtub or shower.
84.3.3 A licensee shall ensure that there is a nightlight in the bathroom, hallway and sleeping areas as dictated by the individual needs of the children.
86.2.1 A licensee shall ensure that when children one (1) year and older are sleeping at least one-half (1/2) of the required staff complement are physically present with the children and directly observing the children.
86.2.2 .A licensee shall ensure that at least two (2) staff are present and with the children at all times when four (4) or more children one (1) year and older are present.
87.1.2 A licensee shall ensure that each child is given individual attention at bedtime and upon awakening.
88.1 School-Age Care may be provided by a School-Age Center that exclusively offers care, education, protection, supervision or guidance for school-age children before and/or after school; during school holidays; and/or summer months.
88.2 A School-Age Center shall be exempt from the following rules in Part I, GENERAL PROVISIONS:
89.4.1.2 At least successful completion of Delaware First’s “Introduction to Child Care” or “Child Development” completed within twelve (12) months of employment and 800 hours of experience working with children school age or younger in a group setting;
89.5.1.1 At least successful completion of Delaware First’s “Introduction to Child Care” or “Child Development” completed within twelve (12) months of employment.
90.1.1.1 A licensee shall provide either safe open outdoor spaces for running and games or supervised excursions to public and private playgrounds.
92.2.1 A licensee shall ensure that a program of indoor and outdoor activities and supplies and equipment is provided based on the ages and developmental levels of school-age children served.
Last Updated: December 31 1969 19:00:00.
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