department of health and social services
Division of Social Services
FINAL
ORDER
Child Care Development Fund Services October 1, 2003 through September 30, 2005
Nature of the Proceedings
Delaware Health and Social Services (“Department”) / Division of Social Services initiated proceedings to provide information of public interest with respect to the Child Care Development Fund State Plan for the period October 1, 2003 through September 30, 2005. The Department’s proceedings were initiated pursuant to 29 Delaware Code Section 10114 and its authority as prescribed by 31 Delaware Code Section 512.
The Department published its notice of public comment pursuant to 29 Delaware Code Section 10115 in the August 2005 Delaware Register of Regulations, requiring written materials and suggestions from the public concerning the proposed regulations to be produced by August 31, 2005 at which time the Department would receive information, factual evidence and public comment to the said proposed changes to the regulations.
Summary of Provisions
Statutory Basis
Summary of Amendment
The previous “Notice of Intent” published in the June 2005 issue of the Delaware Register should have been promulgated as a “Proposed Regulation”. The appropriate “Proposed Regulation” documents have since been submitted to the Registrar of Regulations pursuant to the Administrative Procedures Act (APA) and posted on the Delaware Regulations website. The “Notice of Intent” and the “Proposed Regulation” are identical in content. This “Final Order Regulation” completes the APA process.
1) Beginning June 2005 license exempt in-home providers are required to complete 45 hours of training consisting of Health, Safety & Nutrition (9 hours); CPR and First Aid (6 hours); Child Development (15 hours); Understanding Children’s Behavior (12 hours); and Understanding Early Literacy and Language Development (3 hours).
2) Existing providers have six months upon notice from The Family and Workplace Connection (FWC) to enroll and complete required training.
3) New providers must complete training within 90 days of beginning their contract with the Division of Social Services. Classes are provided by the FWC and are offered during the day and evening.
Summary of Comments Received with Agency Response
DSS thanks the State Council for Persons with Disabilities (SCPD) for the following endorsement to both the Notice of Intent and the Proposed Regulation: SCPD endorses the concept of the revisions to the State Plan since they address injury and infectious disease prevention as well as child abuse/neglect.
Findings of Fact
The Department finds that the proposed changes as set forth in the August 2005 Register of Regulations should be adopted.
THEREFORE, IT IS ORDERED, that the proposed regulation to amend the Child Care Development Fund State Plan for the period October 1, 2003 through September 30, 2005 is adopted and shall be final effective October 10, 2005.
Vincent P. Meconi, Secretary, DHSS, 9-13-05
DSS FINAL ORDER REGULATION #05-54
Section 6.4 - Health and Safety Requirements for In-Home Providers (658E(c)(2)(F), §§98.41, 98.16(j))
6.4.3 For in-home care that is NOT licensed, and therefore not reflected in NRCHSCC's compilation, the following health and safety requirements apply to child care services provided under the CCDF for:
In-home providers: provide or maintain clean furnishings, free from rodents and insects; maintain documentation of immunization status; separate children with symptoms of illness from other children in care; provide a clean and sanitary place for storing and changing diapers; wash hands before and after diapering and before serving meals. In-home providers must self-certify that they intend to operate a healthy and safe facility.
In-home providers: Screens must be in good repair; protective receptacle covers for electrical; outlets have or have access to a working telephone; operable flash lights; first aid kits; adequate space for play and movement; storage of flammable materials away from children; kitchens must be clean and food storage areas clean; compliance with applicable community regulations; play equipment must be safe; outdoor area must be accessible by a safe route; play areas near hazards must be fenced or otherwise protected, in-home providers must self-certify.
In-home providers: must read and review information provided about health and safety, and attend Office of Child Licensing workshops as deemed necessary.
In addition, these providers must attend an initial DSS sponsored workshop. This workshop explains DSS rules for care, its reimbursement policies, payment and attendance reporting requirements, and provides tips for good child care and safety practices.
Also, the providers are required to have both a child abuse registry and criminal history check. A negative outcome results in termination of service.
Providers are required to have both a child abuse registry and criminal history check. A negative outcome results in termination of service.
In addition, these providers must attend an initial DSS sponsored workshop. This workshop explains DSS rules for care, its reimbursement policies, payment and attendance reporting requirements.
Beginning June 2005 license exempt in-home providers are required to complete 45 hours of training consisting of Health, Safety & Nutrition (9 hours); CPR and First Aid (6 hours); Child Development (15 hours); Understanding Children’s Behavior (12 hours); and Understanding Early Literacy and Language Development (3 hours).
Existing providers have six months upon notice from The Family & Workplace Connection (FWC) to enroll and complete required training.
New providers must complete training within 90 days of beginning their contract with the Division of Social Services. Classes are provided by the FWC and are offered during the day and evening.
