Statutory Authority: 14 Delaware Code, Section 202 (14 Del.C.§202)

PROPOSED

Regulations on Establishment |

Of Delegation of Power of |

Relative Caregivers to |

Consent for Registering |

Minors for School |

14 Del.C. § 202 |

Establishment of Delegation of Power of Relative Caregivers to Consent for Registering Minors for School

Nature of the Proceedings

Delaware Health and Social Services has implemented on an emergency basis the below proposed regulations and is now accepting comments in preparation for adoption of these changes on a permanent basis.

Summary/purpose of Regulations

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 the school year beginning September 2000. 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.

Notice Of Comment Period

Copies of the proposed regulations are available for review by appointment at the following locations:

Delaware Health and Social Services

Division of Services for Aging and Adults with Physical Disabilities

Herman M. Holloway Sr. Campus

Administration Building, Annex

1901 N DuPont Highway

New Castle, DE

Delaware Health and Social Services

Division of Services for Aging and Adults with Physical Disabilities

Milford State Service Center

18 North Walnut Street

First Floor

Milford, DE 19963

Contact Carol Boyer at 577-4791 or 1-800-223-9074 to make arrangements.

Written comments are also invited on these proposed new regulations and should be sent to the following address:

Carol Boyer

Delaware Health & Social Services Division of Services

for Aging and Adults with Physical Disabilities

Administration Bldg., Annex

1901 N DuPont Highway

New Castle, DE 19720

Such comments must be received by close of business on Thursday, October 31, 2000.

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 his 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.

4 DE Reg. 657 (10/01/00) (Prop.)

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.