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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsMarch 2016

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Regulatory Flexibility Act Form

Authenticated PDF Version

9 DE Admin. Code 301
A copy of the proposed regulations is being posted in the March 1, 2016 edition of the Delaware Register of Regulations. Interested parties wishing to offer comments on the proposed regulations or submit written suggestions, data, briefs, or other materials concerning the proposed regulations must submit them to Beth Kramer, Criminal History Unit, Hagley Building, 3411 Silverside Road Wilmington, Delaware 19810 or by email to Beth.Kramer@state.de.us by the close of business on March 31, 2016.
"Child Care Person" means any person who seeks employment for compensation, volunteers to provide direct child care service, or, for any reason, has regular direct access to children and/or adolescents under the age of 18 years. This definition shall include any employee or volunteer of the Department of Services for Children, Youth and Their Families or one of its contractors who has regular direct access to children and/or adolescents under the age of 18 years and foster parents.
"Conditional Child Care Person" means a child care person who has been offered a position or has agreed to volunteer with the Department or one of its contractors or in a residential child care facility. Under the provisions of the law, a child care person may be hired on a temporary basis until the determination of suitability is made by the Department. Foster parents may be provisionally approved prior to the results of the criminal background check and in accordance with the Division of Family Services policy. If a determination of unsuitability is made, the child care person will be dismissed and in the case of foster parents the conditional placement will be rescinded.
"Criminal History Supervisor” means the Department staff member, located in the Office of Child Care Licensing, who is responsible for the implementation of the criminal history policies, procedures, and regulations.
“Criminal History Specialist” means the Department staff member, located in the Office of Child Care Licensing, who is responsible for processing and reviewing criminal history information consistent with Departmental policies, procedures and regulations.
"Department" means the Department of Services for Children, Youth and Their Families.
"Direct Access" means the opportunity to have personal contact with persons receiving care.
"Employer" means any of the following:
"Foster Parents" means foster/respite/adoptive parents and all household members 18 years of age or older.
"Residential Child Care Facility" means any facility that provides care or treatment for children overnight or is a 24 hour facility. This facility is State owned and operated or is licensed by the Department to provide services.
"Volunteer" means any person who has direct access to children in the performance of unpaid duties and who will be in a facility or in the service of the Department for five (5) or more days in a fiscal year. Student interns, regularly scheduled volunteers, and volunteer counselors will be required to have a criminal history check under these regulations. (For limited, occasional, sporadic, one-time volunteer efforts that last less than five (5) days or 40 hours, employers must ensure that these volunteers will be supervised during any activities with children.)
Title 11, subsection 8513 (c) (1) of the Delaware Code permits the State Bureau of Identification to furnish information pertaining to the identification and conviction data of any person of whom the Bureau has record individuals and agencies for the purpose of employment of the person whose record is sought, provided the use of the conviction data is limited to the purpose for which it was given.
"Active on the child protection registry" means substantiated by the Division of Family Services for abuse or neglect at level II, III or IV and reportable to employers.
"Administrative review" means a review provided to persons that are determined ineligible or prohibited on the basis of the background check results.
"Background check" means a State of Delaware and federal (national) fingerprinted report of a person's entire criminal history, a Department of Services for Children, Youth and Their Families child protection registry check and other checks as required by State or federal law.
"Child protection registry" means a central registry of information about persons the Division of Family Services has found cause to believe or a court has substantiated through court adjudication as having committed child abuse or neglect since August 1, 1994. Each substantiated incident shall be designated at one of three levels: II, III, IV.
"Child protection registry check" means a computer search of the child protection registry to determine if a person is active on the registry as a perpetrator in any substantiated case of child abuse or neglect.
"Child-serving entity" means any of the following: The Department of Services for Children, Youth and Their Families; which includes any employee or volunteer of the Department or one of its contractors; residential child care facilities in Delaware which are under contract with or operated directly by the Department; child care providers as defined in 31 Del.C. §342(1); youth camps or summer schools that are exempt from licensing requirements; or facilities and individuals registered and eligible for Federal Child Care Development Block Grant funds through the Delaware Department of Health and Social Services.
"Conditional employee" means a person who has been offered a position, or has agreed to volunteer, or provide foster care on a temporary basis until the determination of eligibility is made by the Department.
"Contractor" means a person, not an employee, providing services within a child-serving entity who has regular direct access to children, or provides services directly to a child or children.
"Conviction" or "Convicted" means as defined in 16 Del.C. §902(6).
"Criminal history specialist" means the Department staff member, located in the Office of Child Care Licensing, who is responsible for processing and reviewing background check information consistent with departmental policies, procedures, and regulations.
"Criminal history supervisor" means the Department staff member, located in the Office of Child Care Licensing, who is responsible for the implementation of the background check policies, procedures, and regulations.
"Criminal History Unit" means the Department unit, located in the Office of Child Care Licensing that is responsible for completing background checks.
"Delaware Justice Information System" or "DELJIS" means the central state agency responsible for the database which contains Delaware's criminal justice information including arrests and convictions.
"Department" means the Department of Services for Children, Youth and Their Families.
"Direct access" means the opportunity to have personal contact with children receiving care.
"Employee" means any person seeking paid employment with a child-serving entity, or any person who for any reason has regular direct access to children such as a volunteer, or provides services directly to a child or children at a child-serving entity. This definition shall also include adult household members in licensed and license exempt child care homes and applicants wishing to become foster, respite, or adoptive parents and their adult household members.
"Employer" means any child-serving entity.
"Felony convictions involving physical or sexual assault crimes" means as defined in 31 Del.C. §309.
"Foster parents" means foster, respite, and adoptive parents and all household members 18 years of age or older.
"Licensed child care" means as defined in 31 Del.C. §342(1).
"License exempt child care" means provider types that are exempt from licensure as defined in the Office of Child Care Licensing's Delacare regulations and the Department of Health and Social Services' policies.
"Misdemeanor convictions against children" means as defined in 31 Del.C. §309.
"Office of Child Care Licensing" or "OCCL" means the entity within the Department authorized under 31 Del.C. §§341-345 to promulgate and enforce regulations and standards for the conduct of child care, including the licensing thereof, and the development and implementation of policies and procedures.
"Prohibited" means a person has a prohibited conviction or child protection registry substantiation that prevents them from employment, volunteering, contracting, or being a foster parent as designated under 31 Del.C. §309, The Adoption and Safe Families Act of 1997 (42 USC §106) and The Child Care Development Block Grant Act of 2014 (42 USC §658H).
"Prohibited child protection registry substantiation" means a child abuse or neglect substantiation that prevents a person from employment, volunteering, contracting, or being a foster parent as designated under 16 Del.C. §923.
"Prohibited conviction" means a felony or misdemeanor conviction that prevents a person from employment, volunteering, contracting, or being a foster parent as designated under 31 Del.C. §309, The Adoption and Safe Families Act of 1997 (42 USC §106) and The Child Care Development Block Grant Act of 2014 (42 USC §658H).
"Regular direct access" means the opportunity to have personal contact for five days or 40 hours in a calendar year with children receiving care. Employers must ensure that employees and contractors will be supervised at all times. If supervision is not possible, a background check must be completed before allowing direct access.
"Residential child care facility" means any facility that provides care or treatment for children overnight or is a 24-hour facility. This facility is State owned and operated or is licensed by the OCCL to provide services.
"Volunteer" means any person who has regular direct access to children in the performance of unpaid duties at a child-serving entity.
"Youth camp" means a child-serving entity having custody or control of one or more school-age children, unattended by parent or guardian, for the purpose of providing a program of recreational, athletic, educational and/or religious instruction or guidance and operates for up to 12 weeks for three or more hours per day, during the months of May through September or some portion thereof, or during holiday breaks in the course of a school year, and is operated in a space or location that is not subject to licensing pursuant to 31 Del.C. §344.
12.1 11 Del.C. §8513(c)(1) permits the State Bureau of ldentification to furnish information concerning the identification and conviction data of any person seeking employment as long as the information is only used for the purpose it was given.
Last Updated: December 31 1969 19:00:00.
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