DEPATMENT OF HEALTH AND SOCIAL SERVICES
Division of Services for Aging and Adults with Physical Disabilities
Statutory Authority: 14 Delaware Code, Section 202 (14 Del.C.§202)
In the Matter Of: |
Regulations on Establishment |
Of Delegation of Power of |
Relative Caregivers to |
Consent for Registering |
Minors for School |
14 Del.C. § 202 |
Nature of the Proceedings
Establishment of Delegatio of Power of Relative Caregivers to Consent for Registering Minors for School
Delaware Health and Social Services has determined that a threat to the public welfare exists if regulations are not promulgated immediately to allow grandparent and relative caregivers who do not have custody or guardianship to register children in their care for school. Failure to do so will create undue hardship to those caregivers who seek to fulfill their obligation to register their children for school in accordance with Delaware Code.
Purpose and Summary of Emergency Order
The promulgation of these regulations will put 14 Del.C. §202 in effect so that grandparents and relative caregivers without custody or guardianship can register children in their care for school. Doing so will put these caregivers in compliance with 27 Del.C. §2702, which states that children “between five years of age and sixteen years of age” shall be enrolled in a free public school.
TEXT OF EMERGENCY REGULATIONS:
I. Definitions for terms used in 14 Del.C. section 202:
Establishment of Delegation of Power of Relative Caregivers to Consent for Registering Minors for School (also known as Caregivers’ School Authorization) (found in subsection (e)(1) c of section 202)– An affidavit of written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation, such as an officer of the court or a notary public or other person who has been duly authorized so to act.
II. Proof of relationship and Proof of caregiving: (found in subsection (2)(f)(1) )
There must be two different forms of documentation, one from each column. One must show proof of relationship and the other proof of caregiving. These documents, or other similar documents as approved by the school district, must be presented for registration.
PROOF OF RELATIONSHIP |
PROOF OF CAREGIVING |
Birth certificate of caregiver, the adult child, and birth certificate of the child. |
|
Medical records where a caregiver is required to give approval, such as shots. Such records must show the relationship between the caregiver and the child. |
Medical records where a caregiver’s authorization to give approval for services such as shots was acceptable. |
A Will which lists the child and the relationship between the caregiver and child. |
|
Insurance for the caregiver or child which includes the relationship between the caregiver and child. |
|
A letter from a social worker, lawyer, religious leader, or previous school district which verifies the relationship of the child to the caregiver. |
A letter from a social worker, lawyer, religious leaders, or neighbor confirming the child is being cared for by the caregiver. |
Free and Reduced lunch program application. |
|
Child is listed as occupant in an apartment or other housing and his/her relationship to the caregiver is included. |
Child is listed as occupant in an apartment or other housing and his/her relationship to the caregiver is given. |
Caregiver receives Child-only Temporary Aid for Needy Families (TANF) grant for this child. |
Caregiver received Child-only Temporary Aid for Needy Families (TANF) grant for this child. |
Child claimed on Federal Income Tax return. |
Child claimed on Federal Income Tax return. |
Caregiver receives Earned Income Tax Credit for the child. |
Caregiver receives Earned Income Tax Credit for the child. |
Child’s Social Security survivor death benefits are received by the caregiver for the child. | |
Hospital, clinic, or Public Health records showing the relationship between the caregiver and the child. |
Hospital, clinic, or Public Health records where a caregiver’s authorization to give approval for services such as shots was acceptable. |
Division of Services for Children, Youth and their Families’ records specifying the relationship between the caregiver and child. |
Division of Services for Children, Youth and their Families’ records showing that the caregiver is the contact for this child. |
Military or veterans records which specify relationship |
|
Or other documents as approved by the school district. |
Or other documents as approved by the school district. |
III. Reasonable effort to locate the parent(s), guardian, or custodian of the child shall include option 1, which is required, and a choice of either option 2, 3, or 4.
(1) Certified mail receipt of a written notice from the caregiver that he or she intends to take school responsibility for the child. The notice should be sent to the last known address of the parent(s), custodian, or guardian. Proof of this step will be the notice and the return receipt saying that the letter was not deliverable because no one by that name lives at this address.
(2) The caregiver or someone acting in his or her place makes an actual visit to the last known address of the parent(s), custodian, or guardian. The individual making this visit will need to describe what was found at this address and to whom he or she spoke regarding the missing parent(s), custodian, or guardian.
(3) Contact with social service agencies, place of employment, health care provider, or friends verified by a written statement signed by that party confirming that the location of the parent(s), custodian, or guardian is unknown.
(4) Other documents or confirmations that show the parent(s), custodian, or guardian cannot be found.
IV. Affidavit:
Delaware Health and Social Services will develop the Caregivers’ School Authorization form. Anyone who wishes to obtain this form may do so by contacting Delaware Health and Social Services, Division of Services for Aging and Adults with Physical Disabilities (DSAAPD) or their local school district office. Only the Caregivers’ School Authorization form developed by DSAAPD shall be used.
FINDING OF FACT
The Department finds that these regulations should be promulgated in the best interest of the general public of the State of Delaware. The Department will receive, consider, and respond to petitions by any interested person for the reconsideration or revision thereof. Such petitions or other written comments must be forwarded by October 31, 2000, to Carol Boyer, Delaware Health and Social Services, Division of Services for Aging and Adults with Physical Disabilities, 1901 North Du Pont Highway, New Castle, Delaware, 19720.
THEREFORE, IT IS ORDERED, that these regulations be adopted on an emergency basis, without prior notice or hearing, and shall become effective immediately.
Gregg C. Sylvester, MD, September 21, 2000
Secretary