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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJune 2015

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(29 Del.C. §9003(7); 31 Del.C. §343)
9 DE Admin. Code 101
On April 1, 2015 (Volume 18, Issue 10) DSCYF published in the Delaware Register of Regulations its notice of proposed regulations pursuant to 29 Delaware Code Section 10115. Written comments were accepted until April 30, 2015. The proposed regulations were also posted in the June 2014 and December 2014 Delaware Register of Regulations. Comments were received after each posting and DSCYF evaluated these comments and factual evidence. Additional public comments were received from the Provider Advisory Board, from providers, and stakeholders during a series of Task Force meetings. Many regulations were revised based on these comments. The results of the evaluation of the comments received regarding the April 1, 2015 posting are summarized in the accompanying "Summary of Evidence."
In accordance with Delaware law, the Office of Child Care Licensing (OCCL) published in the Delaware Register of Regulations DELACARE: Regulations for Early Care and Education and School-Age Centers in June 2014, December 2014, and in April 2015. Public notices that proposed regulation changes had been published in the Register and that public meetings would be held in June/July 2014 to accept verbal comments were published in two newspapers of general circulation. Comments were gathered from each posting in the Register. The last period of public comment ended on April 30, 2015 with written comments provided by the following:
Agency Response: The agency appreciates and acknowledges these comments. The agency will revise regulation 3.3.7 to read "This exclusion shall include all programs operated by these schools, except as stated in Section 7.2, and shall also include preschool education programs for people with disabilities as defined by 14 Delaware Code, Section 3101(4)."
Agency Response: The agency appreciates and acknowledges these comments. The agency will revise the definition of "Section 504 Plan" to include "with a disability" after the word child.
Agency Response: The agency appreciates and acknowledges these comments. Requiring notification to OCCL of medical treatment is not a new requirement. If a child is injured and receives medical treatment by a health care provider, OCCL must be informed to confirm that the child received the necessary treatment, the center corrected any unsafe situation/circumstances that led to the injury, and other children are safe. These regulations will remain as written.
Agency Response: The agency appreciates and acknowledges these comments. The agency will revise regulations 13.3.2 and 61.3 by adding the words "other than any first aid provided at the center" after the word treatment.
Fourth, Sections 13.3.5 and 60.5 require licensees to report medication errors (including administering drug to wrong child or administering the wrong dose) only if the error "results in medical treatment". This is an imprudent approach. Comparable regulations require reporting of errors which result in discomfort or jeopardize health. See, e.g, 16 DE Admin Code 3310.2.0 (definition of "reportable incident"); 16 DE Admin Code 3301, 2.0 (definition of "reportable incident). Adopting a "medical treatment" "trigger" for reporting also provides a licensee with a disincentive to refer a child for medical treatment to avoid attention/scrutiny. By analogy, §60.5 requires immediate reporting of medication errors to a parent regardless of manifest harm or need for medical treatment. Finally, §§13.3.5 and 60.5 are not consistent. The former requires a written report within 3 business days while the latter does not.
Agency Response: The agency appreciates and acknowledges these comments. Previously, there was no requirement for OCCL to be made aware of errors in the administration of medication. This new regulation helps OCCL to ensure children's safety by requiring licensing staff to be informed if center staff did not administer medication properly. The agency will revise regulation 60.5 to read "When known to the center, adverse effects or errors in administering medication that result in medical treatment shall be reported within one business day to the OCCL, followed by a written report within three business days.
Agency Response: The agency appreciates and acknowledges these comments. The agency will revise 65.5.6 to read "Tying, taping, chaining, caging, or physically or mechanically-restraining a child;"
Agency Response: The agency appreciates and acknowledges these comments. As mentioned above, the agency will revise 65.5.6 to prohibit physical restraint of children.
Agency Response: The agency appreciates these comments.
Eighth, Section 27.3.3 refers to the "GED Test". The Department of Education changed its "GED" regulation and the current reference is "secondary credential assessment" which encompasses a GED and alternatives. See 17 DE Reg. 469 (11/1/13) (proposed); 17 DE Reg. 724 (1/1/14) (final). In other sections, the regulation refers to "high school diploma or equivalent recognized by Delaware Department of Education". See, e.g., §§27.7.1 and 77.2.1.
Agency Response: The agency appreciates and acknowledges these comments. The agency will revise regulation 27.3.3 to read "The secondary credential assessment (such as the GED ®Test and alternatives) will only be accepted if the examination was completed through the American Council on Education or individual state-sanctioned agencies."
Agency Response: The agency appreciates and acknowledges these comments. The Agency will revise regulation 27.10.1 to read "A licensee shall ensure that an early childhood intern is at least 16 years of age or 15 years of age if attending a vocational or technical high school's three-year program in early childhood education or a traditional high school's career pathway program in early childhood."
Agency Response: The agency appreciates and acknowledges these comments. The agency will revise regulation 28.6 to read "Staff charged with caring for children shall not be given other duties or participate in personal activities such as using a cell phone which would interfere with providing care to children."
Agency Response: The agency appreciates and acknowledges these comments. According to Caring for Our Children: National Health and Safety Performance Standards for Early Care and Education Programs (CFOC), "Small portable wading pools shall not be permitted because they do not permit adequate control of sanitation and safety and provide a superior means of transmission of infectious diseases, including e coli often found in stool. Wading pools can easily become contaminated. Infection with e coli is a primary cause of the most common cause of kidney failure in children in the US and is fatal in 5% of cases." Additionally, the Delaware Department of Public Health regulations require that pools used in a child care facility be in compliance with the pool regulations and a portable wading pool would not qualify under these regulations. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges these comments. The regulation is written correctly as it provides minimum and maximum temperatures where a center can continue to operate if normal temperatures can be restored within four hours. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges these comments. The agency will revise regulation 41.0 to read "All children over one year of age shall wear approved safety helmets while riding bicycles and while riding toys with wheels of 20 or more inches in diameter (such as tricycles), or using wheeled equipment (roller blades, skateboards, etc.), and while standing on and using scooters with handles."
Agency Response: The agency appreciates and acknowledges these comments. The child-to- toilet ratio was increased to 1:25 to achieve consistency within the regulations. Without this change, school-age only programs are allowed a 1:25 standard while a center with both school-age and early care components would be required to maintain a 1:15 ratio, resulting in an inequity. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges these comments. Per executive order 36, OCCL was required to reduce or simplify regulations to make them more responsive to the needs of the public without jeopardizing the health and safety of children. The age requirement and educational qualifications remain unchanged for this position. Only the amount of experience was decreased from 36 months to 24 months; lowering the total experience needed for this position allows more individuals to serve in this role. People qualifying as a curriculum coordinator without an AA or BA degree must still have 15 college credit hours in child development or early childhood education in order to be qualified as an early childhood curriculum coordinator. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges these comments. Correct, if the early childhood administrator is responsible for two or more centers, an additional staff who meets the qualifications of early childhood administrator or early childhood curriculum coordinator must be on site 50% of the hours of the early childhood center's operation to assist staff and meet the needs of an operating center. This regulation will remain as written.
Agency Response: The agency appreciates and acknowledges these comments. In the event a center could not correct non-compliance prior to license expiration, a provisional license would be issued. Therefore, the center would not operate illegally.
Agency Response: The agency appreciates and acknowledges these comments. Policies and procedures are necessary to inform staff and parents how the center operates. These lay the foundation to protect the health, safety, and well-being of children in care by ensuring care is provided in a planned manner. As long as the center's policies and procedures are written and clear, they can be detailed or more simplistic, depending on the needs of the center. These regulations will remain as written.
Agency Response: The agency appreciates and acknowledges these comments. The agency added the "and follow" language because there is a history of instances in which some centers were not following their established policies and procedures. The regulations did not actually state that the center had to follow their policies and procedures which was very problematic for the agency when monitoring regulation compliance. The new language is meant to provide clear guidance. These regulations will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. "Provided and served by the center" only refers to food that the center provides, not food brought from home. These regulations will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The definition for administrative hearing includes appeal hearings for enforcement actions. The definition of licensing conference explains that it can be used to appeal citations. An additional appeal definition will not be added.
Agency Response: The agency appreciates and acknowledges this comment. The agency does not recognize an assistant director position and is not requiring a new position to be created. The agency is requiring someone to be designated as being in charge of the center (28.4) when the administrator or curriculum coordinator is not present. A center can create this title if desired; however an additional definition will not be added.
Agency Response: The agency appreciates and acknowledges this comment. Rising kindergartners have not had the same experiences and usually do not have the same skill development as those children who have completed a year of kindergarten, the youngest age of children in a school-age program. Therefore, these children are considered preschool-age children. They are considered school-age children when they begin kindergarten. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The agency's designee for staff qualifications, Delaware First, determined a C was the lowest grade that would be accepted. A person who receives lower than a C did not demonstrate mastery of material. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The agency believes the definition is adequate. If a center wants to provide what some might consider "alternative methods or philosophies of care," this should be discussed with their licensing specialist to determine if a variance is required. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. OCCL, as part of the Division of Family Services, is authorized to interview children without a parent's consent as part of an investigation. The DELACARE Regulations authorize OCCL to investigate non-compliance, which reasonably includes talking to children and staff to find out details or facts. This regulation prevents a licensee or other individual from impeding OCCL's ability to determine regulation compliance or prohibiting or otherwise impeding a regulation complaint investigation. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The regulation is in compliance with this law. The regulation will remain unchanged.
Agency Response: The agency appreciates and acknowledges this comment. Regulation 13.3 places all notifications to the agency in one central location including the time frames for both written and verbal notification. Regulation 61.1.2 only addresses maintaining a written injury report. The regulation will remain unchanged.
Agency Response: The agency appreciates and acknowledges this comment. 11 Delaware Code, Section 8561 stipulates that a person who is employed in a child care facility has an affirmative duty to inform, and shall inform, that person's own employer of any criminal conviction or of any entry on the Child Protection Registry. OCCL needs to be made aware of these convictions and entry on the Child Protection Registry to protect the health, safety, and well-being of children in licensed child care. In order to protect the health, safety, and well-being of children, individuals providing care should be of good character. This regulation is compliant with Delaware Code. This regulation will remain unchanged.
Agency Response: The agency appreciates and acknowledges this comment. The agency has had numerous instances with centers failing to respond to phone calls. If the agency is calling, it is for a reason that needs prompt attention. While an individual licensing specialist may not be immediately available to respond to a telephone call or email, a provider can receive a prompt response from an intake worker who is available to respond to questions and concerns during business hours each day. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The agency will revise 14.3 to read "A licensee shall have an organized system of business management and have sufficient staff, space, and equipment to fulfill, at a minimum, administrative, fiscal, clerical Regulation, cleaning, maintenance, food services, direct child care, and supervisory functions."
Agency Response: The agency appreciates and acknowledges this comment. Per 31 Delaware Code, Section 344, OCCL must conduct a thorough investigation and make a favorable determination of sufficient financial backing to ensure effective work in order to issue a license. However, the regulation states that [only] those records and files that are applicable to licensing are required to be available. This regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The agency will revise the first sentence of the regulation to read ""A licensee shall establish and use a system for documenting attendance at arrival and departure.
Agency Response: The agency appreciates and acknowledges this comment. This regulation helps to keep children safe by tracking staff members' whereabouts throughout the day to ensure staff/child ratios are maintained. Although no time frame for retention of staff attendance sheets was previously included in the regulations, this regulation now provides clear guidance and allows the agency to ensure staff/child ratios were maintained when conducing complaint investigations. OCCL contends that tracking of staff during the work day is not a time-consuming effort and can be recorded easily on a form that OCCL can provide if desired. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. There is no law which stipulates capacity. This regulation was created to clearly communicate the center is not permitted to go over licensed capacity which is determined by measured square footage of classroom space. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The Parents Right to Know Act, 31 Delaware Code, Section 398, requires that prospective purchasers of care be given this information. Since no time frame was included in this section of the Delaware Code, the previous regulations required centers to keep the signed form indefinitely. Realizing that keeping this paperwork indefinitely could be perceived as burdensome, centers are now required to keep this form for only three months to ensure compliance with the law. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. Having procedures to follow documenting that the release of a child from the responsibility of center staff shall only be to a person authorized by the parent/guardian ensures children's safety by releasing them to the proper people. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. OCCL receives many complaints voiced by parents after leaving a center. By keeping the file for at least three months, the agency is able to conduct proper investigations to show that the center was or was not compliant with regulations. Also this regulation now provides clear guidance as to how long a child's file must be kept. The agency will revise this regulation to read "This file shall be available upon request for at least three months after disenrollment and shall include the following:".
Agency Response: The agency appreciates and acknowledges this comment. The hours a child is scheduled to attend was a part of the previous regulations. The days were added so that a center can ensure enough staff are scheduled for the children who will be in the center on any given day. If a child comes an additional day (as mentioned in the comment), the center will not be out of compliance unless there are not enough staff present. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. OCCL receives many complaints voiced by parents after leaving a center. By keeping the file for at least three months, the agency is able to conduct proper investigations to determine that staff were finger printed, given an orientation with the required components, etc. Also, this regulation now provides clear guidance as to how long a personnel file must be kept. Regulation 20.0 will be revised to read "This file shall be available upon request for at least three months after employment/association ends."
Agency Response: The agency appreciates and acknowledges this comment. Service letters are required per 19 Delaware Code, Section 708 to ensure employers are not hiring individuals with a past history of violent behavior, or who have engaged in abuse or neglect of adults and children who are dependent on their care. Due to the significance of the Service Letters for the protection of children in care, the agency added wording to ensure the center follows-up after making the initial "good faith effort" to obtain them. Centers will not be cited for non-compliance for failure to obtain required service letters when "good faith efforts" to obtain such letters is documented and additional references are present. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. Among others, this agency has worked to have child care regarded as a profession. Thoughtful planning and purposeful selection of professional development training assists staff to identify the areas where they would like to strengthen their skills and how they wish to advance their career. OCCL is in agreement a meaningful professional development plan is one often created with the center administrator that includes the needs of the staff member and the needs of the center. Research has shown that staff education is a primary factor in determining the quality of care children receive. This regulation now allows a three month period at the start of employment to create a plan which allows the center administrator to assess the employee's strengths and areas that would benefit from additional training in regard to the individual's needs and the needs of the center. The previous regulations required a complete staff file without a specific time frame mentioned. To better meet the specific needs of the individual and the center, the professional development plan no longer has specific requirements other than to list a staff's professional development goals for the upcoming year. Each center can choose a format and other information to be included. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. OCCL has received complaints alleging alcohol or drug use by staff. This regulation documents the prohibition of these substances in the work place from the beginning of employment.
Agency Response: The agency appreciates and acknowledges this comment. The American Academy of Pediatrics (AAP) recommends safe sleep practices to reduce the risk of sudden infant death syndrome (SIDS) or suffocation deaths and other infant deaths that could occur while an infant is in a crib. Since infants are the most vulnerable human beings, the agency has adopted these standards. Yearly review of safe sleep practices reminds staff how to practice safe sleep as well as the importance. The Child Death, Near Death and Stillborn Commission (CDNDSC) reviewed 128 unsafe sleep deaths from 2003 to 2012 and found that "78% were not in a crib or bassinette, 63% were sleeping with other people, 43% were not sleeping on their back, 25% were found with unsafe bedding or toys in the sleep environment, 24% were sleeping with an obese adult, 5% had an adult with alcohol impairment, and 7% had an adult with a drug impairment." This regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. This regulation is included in 20.17 and further explained in 20.5 because 20.0 lists in one location all of the items that are required in a personnel file The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. Requiring a center to have and follow personnel policies and practices helps ensure an organized approach to managing a center. Making these policies and practices available (even to prospective staff upon request), allows current and prospective staff to understand the center's expectations and helps potential staff to make informed decisions about where they are choosing to work. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The previous regulations only required a licensee to inform staff that drugs/alcohol were unacceptable and prohibited. This revised regulation requires licensees to protect children by ensuring staff are not using drugs or alcohol and that staff are informed of this prohibition. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The previous regulations grouped improper discipline with abuse. To emphasize its importance and provide clarity, the prohibition of abuse and neglect was placed in a separate regulation. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The federal government under the Child Care Development Fund Block Grant is requiring these added topics in order for the state to continue to obtain this federal grant which includes funds to subsidize the cost of child care for eligible families. Since many families receive subsidized care, this regulation was changed to comply with these upcoming federal mandates. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. Regulation 26 includes all of the requirements for a center owner. These items are placed in one location for ease of use by the child care community. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The previous regulations did not include any timeframe to obtain a Delaware First Qualifications certificate. This regulation clearly states the requirements for staff without a qualifications certificate; however many child care staff already have documentation of their qualifications. While it is the individual's responsibility to obtain their qualifications certificate, a center administrator may choose to submit the information to OCCL's designee, Delaware First, for the individual. In monitoring, OCCL will confirm that the appropriate qualifications certificate is in an individual's personnel file or qualification materials have been submitted to Delaware Frist within thirty days of hire for those without prior certification. No qualifications certificate is required for those individuals filling the role of aide. The agency will not contact a center every time someone is hired. The agency will revise the regulation to include a 60 day time frame.
Agency Response: The agency appreciates and acknowledges this comment. This regulation was created to reduce the time required for a staff member to be qualified to be left alone with children. Because an assistant teacher may function as the only teacher in a classroom, supervised experience for an assistant teacher is the same as that for a teacher. This regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The agency does not believe there is a difference in the types of false information that can be submitted without negative consequences. The agency believes that a one year sanction is an appropriate amount of time. If a licensee knowingly uses or submits false documents, they will be cited. Unfortunately, OCCL has had false documents submitted by individual staff as well as administrators. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. Regionally accredited high schools are listed with Delaware First. Staff who have foreign credentials must pay to have their information translated. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The early childhood administrator is responsible for running the center and should have education to support the staff in best practices, appropriate activities, child development, etc. Not all curriculum coordinators function in this capacity on a full-time basis. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The regulation includes the following information: "such as the center's emergency procedures, opening/closing procedures, location of and access to child and staff files, and supervision of children and staff." This specifically spells out what "day to day operations" are. Access to staff files with contents as described in these regulations is necessary in case of unannounced center visits by the agency. The center may choose to have additional staff files that are not available to the designated staff person or to OCCL staff that might contain other information acquired by the center, such as staff contracts and salary that are not required by this agency. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. Caring for Our Children recommends the ratio for staff-to-school-age children be 1:12. These regulations already exceed this national recommendation. The agency created the 1:20 ratio to allow centers employing a certified teacher to be able to educate and care for more children. These regulations differ from public school regulations, but are appropriate to protect the health and safety of the young children served and the less strenuous educational qualifications of staff, including administrators
Agency Response: The agency appreciates and acknowledges this comment. This regulation was created to permit the mixing of children from different age groups when the center opens and closes so that classrooms of mixed-aged children could to be combined when fewer than 12 children are present or during certain hours of the center's operation. This agency will revise this regulation to include a 90 minute period in the morning and evening to allow for the mixing of age groups.
Agency Response: The agency appreciates and acknowledges this comment. This regulation was added to provide clarification for finger printing and staff file requirements for contracted staff. The agency has received many questions regarding this topic from the child care community. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. See response above. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The agency receives complaints regarding the treatment of parents. This regulation requires respectful communication which is a baseline requirement. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. This regulation is included so that the child care community can easily be aware of this law that is pertinent to operating a child care center. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The agency will revise 35.5 to read "Upon request, a procedure for informing the parent/guardian of the identities of the governing body members and owners, as applicable;"
Agency Response: The agency appreciates and acknowledges this comment. Regulation 35.14, not 35.15, refers not only to health information but also to pictures of children used in marketing the center. The agency has received complaints from families regarding the unauthorized use of their child's picture in advertising, posted on the center website, etc. During the complaint investigation, some center administrators responded that they did now know this practice was prohibited. This regulation provides clarity and protects families' right to privacy. This regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. This regulation (35.15) was expanded to protect a child's well-being during a potentially stressful transition and to insure that families are informed prior to a permanent change in their child's placement, which, based on complaints received by the agency, does not always happen. While written transition plans are required when admitting a child to the center or moving an individual child permanently to another room, depending on the needs of the center, the center may choose to create a generalized written transition plan used for all new or transitioning children or may create individual plans for each designated child. This regulation seeks to ensure children moving to a new classroom are introduced to the new environment in a planned manner. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges these comments. Caring for Our Children states "Small portable wading pools shall not be permitted because they do not permit adequate control of sanitation and safety and provide a superior means of transmission of infectious diseases, including e coli often found in stool. Wading pools can easily become contaminated. Infection with e coli is a primary cause of the most common cause of kidney failure in children in the U.S. and is fatal in 5% of cases." The Delaware Department of Public Health states that if a pool is used in a child care facility, it would need to be in compliance with pool regulations and a portable wading pool would not qualify under these regulations. Soaker hoses, sprinklers, and other similar devices can provide opportunities for water play. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. Regulation 39.0 lists the requirements for the separate area where sick children requiring exclusion can be cared for as well as the requirements for meeting their needs while waiting for the family to pick-up the child. Regulation 59.3 does not list these requirements. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. Riding toys are permitted to be used without helmets if they are not bicycles and if they do not have wheels that are 20 or more inches in diameter. This applies to both indoor and outdoor spaces. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. This regulation places the safe sleep practices as well as the sleep equipment in one section, whereas the previous rules listed them in different places. Swaddling was included as well as information on sleep positioning devices to provide clarification as well as to protect children's safety. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. Caring for Our Children states, "Toys, including mobiles and other types of play equipment that are designed to be attached to any part of the crib should be kept away from sleeping infants and out of safe sleep environments." Mobiles can be hung in other locations. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. Regulation 42.5, not 42.6, requires the health care provider to stipulate the sleeping position to ensure the device is used as prescribed. This is important to protect the child's health and safety. The regulation will remain as written. See above response citation from the Child Death, Near Death and Stillborn Commission (CDNDSC) contained in the response to regulation 20.15.
Agency Response: The agency appreciates and acknowledges this comment. An enclosed toilet room is a room with walls and a door as opposed to an open area in a classroom or hallway. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The drying time for disinfecting the changing surface varies depending on the type of disinfectant that is being used. Using a bleach and water solution as a disinfectant works the fastest. The center can use a paper towel to dry the diaper changing area after allowing the disinfectant to work for the time listed on the manufacturer's instructions. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The regulation refers to food that the center provides. The agency will revise the regulation to read "A licensee shall ensure that all food provided and prepared by the center and then served to children complies with the center's written policy on nutritional quality, is clean, wholesome, free from spoilage and contamination, correctly labeled with contents and date of preparation, and safe for human consumption."
Agency Response: The agency appreciates and acknowledges this comment. The previous regulations require centers to vary the exit used when practicing drills. By adding this additional wording, the agency can ensure various exits are being used so children and staff practice evacuating the building using more than one exit. The State Fire Marshal was contacted and he does not disagree with the changes. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The words "and local" will be deleted from the regulation.
Agency Response: The agency appreciates and acknowledges this comment.
Agency Response: The agency appreciates and acknowledges this comment. The agency will not
Agency Response: The agency appreciates and acknowledges this comment. Centers are not required to enroll a child without immunizations If a center enrolls a child without immunizations, the center must obtain a notarized statement as described in this regulation. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The agency will revise 58.0 to read "by a staff member trained in recognizing common signs of communicable disease, physical injury, other evidence of ill health as listed in Section 59, …" Every staff member who signs the required orientation form affirms that they have received training in identifying these concerns. Staff can be trained by the owner, administrator, curriculum coordinator, etc. so that the staff member is familiar with the required health exclusions as stated in the regulations, or by taking a more formalized training.
Agency Response: The agency appreciates and acknowledges this comment. The agency will revise 59.4 to read, "A licensee may permit a child to return to the center when the symptoms are no longer present, written documentation from the child's health care provider indicates the child has been diagnosed and the illness or symptoms poses no serious health risk to the child or to other children, or the child does not present symptoms for exclusion as contained in the center's written health exclusion policy."
Agency Response: The agency appreciates and acknowledges this comment. The agency receives numerous complaints from parents stating they were not made aware of accidents/injuries that occurred to their child while in the center's care or that they were informed days later. Current regulations do not contain a timeframe for notification of parents/guardians. This regulation now requires specific time frames for notification dependent on the seriousness of the injury. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. HIPAA does not apply to accident/injury reports in non-healthcare facilities. Parents need to be informed of accidents and injuries to their child. When a parent signature is on a form that the center maintains, the center is protected when parents from parents claiming they were not informed of the injury/accident. This regulation protects providers during complaint investigations as it prevents parents from claiming they didn't receive a report if their signature appears and from centers claiming a report was given and not having any documentation to prove it. The regulation will remain as written.
61.1.3 This is new. Now providers must document when they have tried to inform a parent. This may be good business practice but is not the purview of OCCL.
Agency Response: The agency appreciates and acknowledges this comment. The agency has received numerous complaints from parents alleging that the center failed to notify parents of accidents/injuries while the center contends that they attempted to notify the parent but was unable to do so. Documenting unsuccessful attempts to notify parents provides documentation during a complaint investigation that the center attempted to contact the parent but was unsuccessful. The regulation will be revised to read "The licensee shall maintain a written record for serious injuries of when the parent/guardian was notified or of attempts to notify the parent/guardian."
Agency Response: The agency appreciates and acknowledges this comment. This section of the regulations was divided into these categories based on the comments previously submitted by PAB on the December 2014 proposed regulations. Regulation 63.7.4 requires a description of which food services will be provided by the licensee or by the parent/guardian and regulation 63.7.4.1 and its subsections pertain only to meals and snacks provided by the center. These regulations will remain as written.
Agency Response: The agency appreciates and acknowledges these comments. This regulation was divided into categories per PAB's request. A parent needs to know the center's times of meals and snacks so that they are aware that a late arriving child will or will not be fed. Conversely, a center is not required to provide meals and snacks at all times during the day, but according to regulation requirements and their own policy. The statements and procedures ensure children receive appropriately times meals and snacks with required components (if provided by the center) and clearly explain the center's policies on nutrition. The agency will revise 63.7.2 to read "Approximate times of snacks and meals."
Agency Response: The agency appreciates and acknowledges this comment. In order to protect the health and safety of children, food served must be clean and safe. This regulation is not intended to be insulting but to protect the well-being of children. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. There is no regulation 63.2.3.
Agency Response: The agency appreciates and acknowledges this comment. This regulation was lengthened to ensure centers are documenting what was served on a particular day. The agency receives many complaints regarding children not being fed all required meal components. This helps to ensure children are being fed the required meal components each day while providing the flexibility to change published menus. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. Staff are role models and have great influence on children, including the foods children eat. This regulation applies to when staff are eating with children and there is no implied requirement that staff meals components are restricted or required. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The agency will revise regulation 63.8.2.1 to include 2% milk.
Agency Response: The agency appreciates and acknowledges this comment. 63.9 will be revised to read "A licensee shall ensure that special, therapeutic diets are prepared and served by center staff…" This regulation ensures children are receiving proper nutrition when fed by the center. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The agency will revise 63.12 to read "For foods prepared and served by the center, a licensee shall provide for the introduction of a variety of food textures, finger foods, and a cup and utensils as appropriate in the training of self-feeding and nutrition education.
Agency Response: The agency appreciates and acknowledges this comment. This regulation requires parents to obtain a note because mixing formula without medical consultation (or other than as indicated on the label) may result in an infant being overfed, choking, or tooth decay. Infants instinctually know how much breast milk or formula to drink based on volume, not calories. While it is difficult to overfeed an infant, this applies to breast milk or formula. In addition, inattention to an infant's true hunger cues has been associated with infant overfeeding. Placing cereal in the bottle can cause infants to receive too many calories for their need, placing them at risk for overweight and obesity. An infant's digestive system is not well prepared to process cereal until 4 to 6 months old, at which point they are old enough to eat from a spoon. Offering cereal before an infant is developmentally ready increases the likelihood of gagging or inhaling the thickened mixture into their lungs. Nursing bottle cavities have long been recognized as a consequence of feeding juice in bottles, using the bottle as a pacifier, and prolonged bottle feeding. Avoiding the number of times parents give their children sugary substances, especially at the youngest ages, will assist in the prevention of tooth decay. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The regulation was added to ensure infants are allowed to determine when they are no longer hungry and would like to end a feeding. Unless otherwise recommended by a health care professional, this regulation helps allow an infant to determine when he/she is full, rather than staff requiring an infant to consume the entire contents of a bottle. The regulation was added to ensure infants are being fed properly. This regulation helps staff know that they are not to keep feeding when an infant is full unless a doctor's note says otherwise. The agency will revise 64.2 to read "…and shall be allowed to stop a feeding when full unless written documentation from an infant's health care provider requires the feeding to continue;"
Agency Response: The agency appreciates and acknowledges this comment. Caring for Our Children states infants exclusively receiving breast milk shall not be given formula. This regulation prohibits staff from providing formula supplements to a breastfed infant without parental consent. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The agency will revise 64.3.3 by removing "and shall never be shaken."
Agency Response: The agency appreciates and acknowledges this comment. This regulation ensures infants are receiving proper nutrition based on generalized feeding standards but allows individualized feeding plans when recommended by a health care provider. Regulation 64.1 states "that foods and beverages provided to an infant are served on demand or during a span of time consistent with the infant's eating habits.…" Therefore the length of time the infant is in care is not relevant. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The only regulation 64.3.5 requires obtaining parent permission for introduction of new foods. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. This regulation is not new. There are serious health concerns if a child is given breast milk intended for different child. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. Because of the concern regarding issues of tooth decay, this regulation requires juice served to infants be placed in a cup, not a bottle, unless otherwise requested by a parent. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges these comments. Use of "time out" is not required; a center may choose a different technique for behavior management. Per PAB's previous request, the regulation was previously revised to allow the teacher to talk to a child at a more appropriate time rather than before returning to the group. The regulation will remain as written. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The agency appreciates and acknowledges this comment. While there are required domain components and a requirement that goals be "appropriate to the ages and developmental levels of children…," the center shall develop its own goals for "what the center [emphasis added] plans to accomplish with children," not this agency. Each center can create their own goals for their enrolled children. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges these comments. The agency will revise 66.3.1 by removing the second sentence of this regulation.
Agency Response: The agency appreciates this comment.
Agency Response: The agency appreciates and acknowledges these comments. In order to protect the well-being of children, the agency is requiring lesson plans to ensure children are actively engaged in a structured program that helps them to develop in a positive manner. These regulations require purposeful planning for children. The use of the term "such as" in Regulation 66 is to provide examples of possible types of materials/activities that could meet the regulation, but is not intended as a listing of required materials/activities. These regulations will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. The second sentence of regulation 67.2 includes the requirement that a child's individual plan contain goals that are both age and individually appropriate and that the activities and experiences also be developmentally appropriate. The agency has provided a timeframe of 45 days from enrollment to create a plan so that purposeful planning for that child occurs. The agency has provided a timeframe of 45 days from enrollment to create a plan. Early intervention is best so this must be done in a timely manner. The regulation will remain as written.
Agency Response: The agency appreciates and acknowledges this comment. This regulation was added to ensure the most vulnerable population is monitored while sleeping. These checks require very little time to complete and document (as the documentation could be a simple check mark placed on a form) and should not place an undue burden on staff or promote a false sense of security among families. The regulation will remain as written.
Agency Response: The agency appreciates these comments.
The Office of Child Care Licensing, Division of Family Services, Department of Services for Children, Youth and Their Families adopts and promulgates the following regulations for early care and education and school-age centers as authorized in 31 Delaware Code, Sections 341-345, also known as "The Delaware Child Care Act". The terms "Early Care and Education and School-Age" Centers are now used in the field instead of "day care" centers. The Code refers to these types of licensed facilities as day care centers. All previous rules, regulations, and standards pertaining to such facilities are null and void except to the extent all rules, regulations, standards, enforcement actions, decisions, investigations, and the like previously promulgated or taken by the Office of Child Care Licensing shall continue unabated and shall remain in full force and effect notwithstanding promulgations of these regulations or rules. These rules shall take effect on July 1, 2015.
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).
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 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.
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;
24.10.1 A licensee shall ensure that either the Early Childhood Administrator or Early Childhood Curriculum Coordinator has successfully completed three (3) college/university credits, which may be included in the total number of college/university credits required for the position, or forty-five (45) clock hours of training in infant and/ or toddler development and curriculum if the Center serves infants and/or toddlers.
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
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)
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
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
89.4.1.1.1 400 hours experience shall be equivalent to one (1) year of part time employment providing care to children during a school year (September to June) or full time employment providing care to children during the majority of one (1) summer season (June through August); or
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.
The legal base for these licensing regulations is in 31 Delaware Code, Sections 341-345 and 29 Delaware Code, Section 9003(7).
3.3.7 A public or private school that provides regular and thorough instruction through at least the sixth grade in the subjects prescribed for the schools of the State, in a manner suitable to the children of the same age and stage of advancement, and that reports to the State Board of Education pursuant to 14 Delaware Code, Section 2704. This exclusion shall include all programs operated by these schools [except as stated in Section 7.2,] and shall also include preschool education programs for people with disabilities as defined by 14 Delaware Code, Section 3101(4).
3.4 A person, organization, or entity shall not operate or provide child care services as defined in these regulations unless a license to do so is issued by the OCCL. Anyone who violates a provision of 31 Delaware Code, Sections 341-345, known as The Delaware Child Care Act, may be fined not more than $100 or imprisoned not more than three months, or both.
Administrator” means the individual responsible for the supervision and administration of the OCCL.
Adult” means a person who has reached the age of 18 years.
Administrative hearing” (also known as “appeal hearing”) means the hearing provided to a licensee or applicant when the licensee or applicant requests an appeal of the OCCL’s decision to place the facility on the enforcement action of warning of probation, probation, or to suspend or revoke a license, or deny a license application by presenting evidence to contest the action. A licensee or applicant, at their expense, may appeal hearing decisions of license revocations and license application denials to the Delaware Superior Court for a final review.
Agreement of Understanding” means a formal written document that is part of a corrective action plan or used when deemed necessary to ensure regulation compliance.
Applicant” means the individual, president of the corporation, managing member of the Limited Liability Corporation or LLC, or entity that is responsible for and has authority over the operation of the center.
Background check” means a State of Delaware and federal (national) fingerprinted report of a person’s entire criminal history including a search of the Department’s child abuse and neglect records, and a search of the Department of Health and Social Services’ adult abuse registry, or other checks as required by State or federal law.
Business day” means a weekday Monday through Friday not including the weekend (Saturday and Sunday) or a State of Delaware legal holiday that falls on a weekday.
Center” means the licensed early care and education or school-age center.
Child” means a person who has not reached the age of 18 years.
Child abuse” means causes or inflicts sexual abuse on a child; or a person that has care, custody, or control of a child and causes or inflicts physical injury through unjustified force, emotional abuse, torture, exploitation, maltreatment or mistreatment as defined in 10 Delaware Code, Section 901.
Child care also known as “early care and education” means the providing of care, education, protection, supervision, or guidance of children.
Child care licensing specialist” also known as “licensing specialist” means an employee of the OCCL who is responsible for performing regulatory activities including monitoring, investigations, enforcement actions, and decisions for licensure as set forth in Delaware Code and these regulations.
Child care licensing supervisor” also known as “licensing supervisor” means an employee of the OCCL who is responsible for performing supervisory and regulatory actions including monitoring, investigations, enforcement actions, and decisions for licensure as set forth in Delaware Code and these regulations.
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 Delaware Code, Section 901.
Child sex abuse” means an act against a child that is described as a sex offense or child exploitation as defined in 11 Delaware Code Section 8550(2).
Child with disabilities” means a child who has been diagnosed by a qualified professional as having a physical, intellectual, emotional, developmental, or chronic medical condition or impairment which would require modifications 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 training designed to develop or enhance early care and education or school-age care competencies.
Complaint investigation” means the process followed by the division to investigate effectively accusations that a licensee is not in compliance with these regulations or applicable laws.
Core topic areas or core areas” means training in child development; developmental curriculum planning/environment and curriculum; positive behavior management /social-emotional development; observation and assessment; health, safety, physical activity, and nutrition; family and community; professionalism; and management and administration.
Corrective action plan” means a written document listing non-compliance that must be corrected, how it must be corrected, and the date by which it must be corrected.
Delaware First Professional Development System” means the professional development system for early child 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 application. This constitutes refusal of official permission to operate.
Designated representative” means the person who has been assigned by the licensee/organization/corporation to act on behalf of the licensee/organization/corporation and granted authority over program operations and to represent the licensee/organization/corporation in dealings with the OCCL.
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 or staff, and are alert to problems that may occur.
Direct voice contact” means a licensee or staff member is required to speak directly with a licensing specialist, licensing supervisor, or administrator from the OCCL 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.
Division director” means the director of the Division of Family Services.
Early care and education” also known as “child care” means 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 or monitors implementation of curriculum and daily activities for children at the center. The early childhood administrator supervises all staff and meets the qualifications specified in these regulations.
Early childhood aide” means a staff member who performs direct child care functions and related duties in this time-limited entry level position, works under the supervision of at least an early childhood teacher and the direct observation of at least an early childhood assistant teacher or early childhood caregiver, has not completed the approved training required for the position of early childhood intern, can never be alone with children, and meets the qualifications specified in these regulations.
Early childhood assistant teacher” means a staff member who performs direct child care functions and related duties, works under the supervision of at least an early childhood teacher and assists in the implementation of curriculum. This individual may supervise early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications specified in these regulations.
Early childhood caregiver” means a staff member who was formerly a caregiver at a particular center licensed before the effective date of the January 1, 2007, regulations or transfers only to a center licensed before the effective date of the January 1, 2007, regulations that is directly affiliated with the original center and has qualified for this position. This individual 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. This individual may supervise early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications specified in these regulations.
Early childhood curriculum coordinator” means a staff member who works under the supervision of the early childhood administrator and may be responsible for the direct care, supervision, guidance, and education of children at the center. The early childhood curriculum coordinator develops and evaluates curriculum and implements or monitors implementation of curriculum and daily activities for children at the center. This individual may supervise early childhood teachers, early childhood assistant teachers, early childhood caregivers, early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications specified in these regulations.
Early childhood curriculum coordinator without a degree” means a staff member who may fill this position provided that the early childhood administrator is fully qualified as described in these regulations with at least a bachelor’s or associate degree from a regionally accredited college or university. This individual may be responsible for the direct care, supervision, guidance, and education of children at the center. The early childhood curriculum coordinator without a degree develops and evaluates curriculum and implements or monitors implementation of curriculum and daily activities for children at the center. This individual may supervise early childhood teachers, early childhood assistant teachers, early childhood caregivers, early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications specified in these regulations.
Early childhood intern” means a staff member who performs direct child care functions and related duties and 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. This individual can be alone with children as specified in these regulations and meets the qualifications specified in these regulations.
Early childhood teacher” means a staff member who performs direct child care functions and related duties, 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 of children. The early childhood teacher may supervise early childhood assistant teachers, early childhood caregivers, early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications specified in these regulations.
Enforcement action” means an administrative action or group of actions taken to promote compliance, such as warning of probation, probation, suspension, revocation, or denial of a license application.
Experience” means the practical knowledge or skill gained from documented direct participation in working with children birth through second grade in a group setting for early care and education positions or with children kindergarten through sixth grade in a group setting for school-age positions.
Family” means a biological or adoptive father or mother, but may be interpreted broadly to include a 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 licensed site and is not a routine program outing.
Governing body” means the person or group of people with ultimate responsibility for and authority over the operation of a center, as for example, an owner 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 or nurse practitioners, and physician assistants.