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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 302
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 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, have committed child abuse or neglect since August 1, 1994.
Child Protection Registry Check means a computer search of the Child Protection Registry to determine if a person is a perpetrator in any substantiated cases of child abuse or neglect.
“Child Care Facility means any child care facility which is required to be licensed by The Department of Services for Children, Youth and Their Families.
Child Care Person means any person seeking employment in a child care facility with regular direct access to children in care. This definition shall also include any person applying for a license to operate a child care facility.
Conditional Child Care Person” means a child care person who has been offered a position or has agreed to volunteer in a child care facility. Under the provisions of the law, employment shall be conditional and contingent upon the receipt of the child protection registry check by the employer.
Conditional Health Care Person” means a health care person who has been offered a position or has agreed to volunteer in a health care facility. Under the provisions of the law, employment shall be conditional and contingent upon the receipt of the child protection registry check by the employer.
Conditional Public School Person means a public school person who has been offered a position or has agreed to volunteer in a public school. Under the provisions of the law, employment shall be conditional and contingent upon the receipt of the child protection registry check by the employer.
“Criminal History Unit” means the Unit located in the Division of Family Services that is responsible for conducting the Child Protection Registry checks for child care, public school and health care persons.
“Department” means the Department of Services for Children, Youth and Their Families or any of the Divisions.
“Direct Access” means the opportunity to have personal contact with persons receiving care during the course of one’s assigned duties.
“Division of Family Services” means the Division that maintains the Child Protection Registry.
“Employer” means any child care facility, public school or health care facility as defined.
“Health Care Facility” means any custodial or residential facility where health, nutritional, or personal care is provided for persons including nursing homes, hospitals, home health care agencies and adult day care facilities.
“Health Care Person” means any person seeking employment in a health care facility.
“Person Seeking Employment” means any person applying for employment in a public school or public school district, any person applying for employment in a health care facility or child care facility, or a person applying for licensure to operate a child care facility. This definition also includes volunteers.
Person Seeking Employment With a Public Schoolmeans any person seeking employment for compensation with a public school or with an agency that supplies contracted services to students of a public school or any other person who for any reason has regular direct access to children at any public school, as that term is defined in this section, including substitute teachers.
Public School means any public school and includes any board of education, school district, reorganized school district, special school district, or charter school, and any person acting as an agent thereof.
“Volunteer” means any person who has direct access to persons receiving care during the performance of unpaid duties.
The legal base for these regulations is in 11 Del.C. §8563 and 31 Del.C. §309.
"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.
"Child protection registry" means a central registry of information about people 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. The 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 cases of child abuse or neglect.
"Criminal History Unit" means the unit located in the Division of Family Services that is responsible for completing child protection registry checks.
"Department" means the Department of Services for Children, Youth and Their Families.
"Direct access" means the opportunity to have personal contact with people receiving care or education during the course of one's assigned duties.
"Division of Family Services" means the division that maintains the child protection registry.
"Employer" means any health care facility, public school, private school, or youth camp as defined.
"Health care facility" means any custodial or residential facility where health, nutritional, or personal care is provided for people including nursing homes, hospitals, home health care facilities, and adult day care facilities.
"Person seeking employment" means any person applying for employment in a public school or public school district, or with an agency that supplies contracted services to students of a public school, or any other person who for any reason has regular direct access to children at any public school, or any person applying for employment in a health care facility or at a youth camp. This definition also includes volunteers and substitute teachers.
"Private School" means a school having any or all of grades kindergarten through twelve, operating under a board of trustees and maintaining a faculty and plant which are properly supervised.
"Public school" means any public school and includes any board of education, school district, charter school, or any person acting as a representative of one.
"Volunteer" means any person who has direct access to people receiving care or education during the course of one's assigned unpaid duties.
"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.
Last Updated: December 31 1969 19:00:00.
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