# 14 Del. Admin. Code § 933: 14 DE Admin. Code 933. DELACARE: Regulations for Early Care and Education and School-Age Centers

> Delaware · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T14_933

## Section

- **Citation:** 14 Del. Admin. Code § 933
- **Heading:** 14 DE Admin. Code 933. DELACARE: Regulations for Early Care and Education and School-Age Centers
- **Jurisdiction:** Delaware
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Delaware Administrative Code / Title 14 Education / 900 Special Populations / 14 DE Admin. Code 933

## Text

INTRODUCTION
1.0 Legal Base
The legal base for these licensing regulations is in 14 Del.C. §§3001A-3005A and 29 Del.C. §9003(a)(7) .
24 DE Reg. 267 (09/01/20)
2.0 Purpose
The purpose of these regulations is to protect and support the health, safety, well-being, and positive development of children who receive care in early care and education and school-age centers. These regulations establish minimum standards that licensed centers are required to follow. Licensed centers may exceed the regulations set by the Office of Child Care Licensing (OCCL) by joining Delaware Stars for Early Success or by the licensee's own efforts.
PART I GENERAL PROVISIONS
3.0 Definition of Terms
The following words and terms when used in these regulations have the following meaning unless the context clearly indicates otherwise:
" Administration of medication certificate " means a document issued by OCCL that gives permission for a staff member to administer medication to children in care as described in the Administration of Medication Self-Study Guide.
" Agreement of Understanding " means a document that is part of a corrective action plan or used when necessary to ensure regulation compliance. This document contains requirements the licensee must follow to maintain licensure.
" Applicant " means the individual or entity, such as a company, corporation, business, or agency, seeking a license to operate an early care and education and school-age center.
" Business day " means a weekday Monday through Friday not including State of Delaware legal holidays that fall on a weekday.
" Center " means the licensed early care and education or school-age center located in one or more buildings at the address listed on the application.
" Child " means a person who has not reached the age of 18 years
operate an early care and education and school-age center.
" Business day " means a weekday Monday through Friday not including State of Delaware legal holidays that fall on a weekday.
" Center " means the licensed early care and education or school-age center located in one or more buildings at the address listed on the application.
" Child " means a person who has not reached the age of 18 years.
" Child abuse " means to cause or inflict sexual abuse on a child; or an act by a person that has care, custody, or control of a child that causes or inflicts physical injury through unjustified force, emotional abuse, torture, exploitation, maltreatment or mistreatment as defined in 10 Del.C. §901 .
" Child care " or " early care and education " means the providing of care, education, protection, supervision, or guidance of children in a center.
" Child neglect " means the failure to provide, by those responsible for the care, custody, and control of the child, the proper or necessary education as required by law; nutrition; or medical, surgical, or any other care necessary for the child's well-being as defined in 10 Del.C. §901 .
" Child sexual abuse " means an act against a child that is described as a sexual offense or child exploitation as defined in 11 Del.C. §8550(2) .
" Child with disabilities " means a child diagnosed by a qualified professional as having a physical, intellectual, emotional, or developmental disability, or chronic medical condition.
" CHU " means the Criminal History Unit in the Department of Services for Children, Youth and Their Families.
" Clock hours " means the actual number of hours a person spends attending the instructional portion of a training designed to develop or enhance early care and education and school-age competencies.
" Complaint investigation " means the process followed by OCCL to investigate accusations that a licensee is not complying with these regulations or applicable laws
Children, Youth and Their Families.
" Clock hours " means the actual number of hours a person spends attending the instructional portion of a training designed to develop or enhance early care and education and school-age competencies.
" Complaint investigation " means the process followed by OCCL to investigate accusations that a licensee is not complying with these regulations or applicable laws.
" Compliance review " means an inspection of the center, grounds, and files to determine compliance with these regulations.
" Comprehensive background check " means a State of Delaware and federal (national) fingerprinted report of a person's entire criminal history including a search of the National Crime Information Center's National Sex Offender Registry; and a search of state criminal, sex offender, and child abuse and neglect registries, repositories, or databases in the state where the person resides, and in each state in which the person resided during the past five years.
" Conference" means a meeting between OCCL and a licensee to discuss serious non-compliance as defined in these regulations or to discuss the denial of a variance request.
" Corrective action plan " means a document listing non-compliance that a licensee must correct, how to correct it, and the date OCCL requires the corrections to be completed. This document serves as written notice of non-compliance with these regulations.
" CPSC " means the U.S. Consumer Product Safety Commission.
" Denial " means the process of refusing to grant a license after OCCL receives an application. This constitutes refusal of permission to operate.
" Department " means the Delaware Department of Education.
" Designated representative " means the person who has been assigned by the licensee, organization, corporation, entity, LLC, school district, or State agency to act on his, her, or its behalf and granted authority over program operations and to represent him, her, or it in dealings with OCCL
s constitutes refusal of permission to operate.
" Department " means the Delaware Department of Education.
" Designated representative " means the person who has been assigned by the licensee, organization, corporation, entity, LLC, school district, or State agency to act on his, her, or its behalf and granted authority over program operations and to represent him, her, or it in dealings with OCCL. This person may sign the application with written authorization from the applicant or licensee.
" Direct child care " means the providing of care, education, protection, supervision, or guidance of children.
" Direct observation " (of children or staff members) means that staff members are physically present in the same room or area with children or other staff members, visually monitoring the interactions of children or staff members, and alert to problems that may occur.
" Division " means the Division of Family Services within the Department of Services for Children, Youth and Their Families.
" DOE " means the Delaware Department of Education.
" DPH " means the Delaware Division of Public Health.
" Early care and education " or " child care " means the care, education, protection, supervision, or guidance of children beginning at birth.
" Early childhood administrator " means a staff member with direct responsibility for the center's total program of services provided to children and their families, and when applicable, the administrative aspects. This person approves curriculum, and when also serving as the early childhood curriculum coordinator develops and evaluates curriculum and monitors implementation of curriculum and daily activities for children. This person supervises all staff members and meets the qualifications listed in these regulations.
" Early childhood aide " means a staff member who performs direct child care duties in this time-limited, entry-level position
when also serving as the early childhood curriculum coordinator develops and evaluates curriculum and monitors implementation of curriculum and daily activities for children. This person supervises all staff members and meets the qualifications listed in these regulations.
" Early childhood aide " means a staff member who performs direct child care duties in this time-limited, entry-level position. This person works under the supervision of at least an early childhood teacher and the direct observation of at least an early childhood assistant teacher or early childhood caregiver. This person has not completed the accepted training required for the position of early childhood intern and may never be alone with children. This person meets the qualifications listed in these regulations. This person will only count in staff/child ratios during the first year of employment at a center.
" Early childhood assistant teacher " means a staff member who performs direct child care duties. This person works under the supervision of at least an early childhood teacher and assists in the implementation of curriculum. This person may supervise early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications listed in these regulations.
" Early childhood caregiver " means a staff member who was formerly qualified by January 1, 2009, as a caregiver at a center licensed before January 1, 2007. This person may transfer to a center licensed before January 1, 2007, that is owned by the same licensee. This person works under the supervision of at least an early childhood teacher. This person performs direct child care duties and assists in the implementation of curriculum. This person may supervise early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications listed in these regulations
censed before January 1, 2007, that is owned by the same licensee. This person works under the supervision of at least an early childhood teacher. This person performs direct child care duties and assists in the implementation of curriculum. This person may supervise early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications listed in these regulations.
" Early childhood curriculum coordinator " means a staff member who works under the supervision of the early childhood administrator and may be responsible for the direct care, supervision, guidance, and education of children at the center. This person develops and evaluates curriculum and monitors implementation of curriculum and daily activities for children. This person may supervise early childhood teachers, early childhood assistant teachers, early childhood caregivers, early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications listed in these regulations.
" Early childhood intern " means a staff member who performs direct child care functions and related duties. This person works under the supervision of an early childhood teacher and the direct observation of at least an early childhood assistant teacher or early childhood caregiver. This person may be alone with children as listed in these regulations and meets the qualifications listed in these regulations.
" Early childhood teacher " means a staff member who performs direct child care duties. This person works under the supervision of an early childhood administrator or early childhood curriculum coordinator, and is immediately responsible for the direct care, supervision, guidance, and education of children at a center. This person may develop the curriculum and implements the curriculum and daily activities for a group of children
a staff member who performs direct child care duties. This person works under the supervision of an early childhood administrator or early childhood curriculum coordinator, and is immediately responsible for the direct care, supervision, guidance, and education of children at a center. This person may develop the curriculum and implements the curriculum and daily activities for a group of children. This person may supervise early childhood assistant teachers, early childhood caregivers, early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications listed in these regulations.
" Enforcement action " means an action taken by OCCL to promote compliance such as warning of probation, probation, suspension, revocation, or denial.
" Experience " means the practical knowledge or skill gained from documented direct participation in working with children birth through second grade in a group setting for early care and education positions or with children kindergarten through sixth grade in a group setting for school-age positions.
" Field trip " means a trip or program activity off the licensed site and is not a routine program outing.
" Governing body " means the person or group of people with ultimate responsibility for and authority over the operation of a center, as for example, an owner or Board of Directors.
" Group size ” or “ maximum group size " means the number of children permitted by these regulations to be assigned to a specific staff member or group of staff members, occupying an individual classroom or well-defined physical space within a large room.
" Hazardous material " means any item or agent (biological, chemical, radiological, and/or physical), that has the potential to cause harm to humans, animals, or the environment, by itself or through interaction with other factors.
" Health care provider " means a professional who practices medicine with or without supervision and is sanctioned by an established licensing body
within a large room.
" Hazardous material " means any item or agent (biological, chemical, radiological, and/or physical), that has the potential to cause harm to humans, animals, or the environment, by itself or through interaction with other factors.
" Health care provider " means a professional who practices medicine with or without supervision and is sanctioned by an established licensing body. The most common types of health care providers include physicians, advanced practice nurses or nurse practitioners, and physician assistants.
" Hearing " means the hearing provided to a licensee or applicant when requesting an appeal of OCCL's decision to place the facility on an enforcement action such as warning of probation, probation, suspension, revocation, or denial. A licensee or applicant may provide evidence to contest the action.
" Individualized educational program " or " IEP " means a document written at least yearly which describes the services and supports needed for a child identified for special education usually for a child age three years and older.
" Individualized family service plan " or " IFSP " means a document written at least yearly about the required services for an infant or toddler (ages birth-two years) with an identified disability.
" Infant " means a child less than 12 months old.
" License " means the document issued by OCCL granting authority to a licensee at the center's location to operate under applicable State laws.
" Licensee " means the individual or entity, such as a company, corporation, organization, business, school district, or agency, legally responsible for a licensed center.
" Licensing specialist " means an OCCL employee who is responsible for performing regulatory activities including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations
zation, business, school district, or agency, legally responsible for a licensed center.
" Licensing specialist " means an OCCL employee who is responsible for performing regulatory activities including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations.
" Licensing supervisor " means an OCCL employee who is responsible for supervising licensing specialists. This person may perform regulatory actions and ensures licensing specialists are performing regulatory activities. This person approves complaint investigations, enforcement actions, and licenses.
" Licensure " means the status of a licensee when OCCL issued a child care license when the applicant demonstrated compliance with these regulations and applicable codes, regulations, and laws.
" Office of Child Care Licensing " or " OCCL " means the agency within the department authorized under 14 Del.C. §§3001A-3005A to promulgate and enforce regulations for child care, to license child care facilities, and to develop and implement policies and procedures.
" Overnight care " means care for a child between the hours of 10 PM and 6 AM, when four or more hours are during a child's normal sleeping hours.
" Parent/guardian " means a birth or adoptive parent, legal guardian, or other person having responsibility for, or legal custody of, a child.
" Plan review " means the document submitted by an applicant to OCCL requesting approval to open a new center or by a licensee for an expansion or renovation of a licensed building's indoor or outdoor space to ensure compliance with these regulations.
" Preschool-age child " means a child age three through five who is not yet attending kindergarten or a higher grade. If a child is older than age five and is not yet attending kindergarten or a higher grade, OCCL considers that child in the preschool-age group
by a licensee for an expansion or renovation of a licensed building's indoor or outdoor space to ensure compliance with these regulations.
" Preschool-age child " means a child age three through five who is not yet attending kindergarten or a higher grade. If a child is older than age five and is not yet attending kindergarten or a higher grade, OCCL considers that child in the preschool-age group.
" Probation " means an enforcement action initiated by OCCL due to the center being cited for serious non-compliance with these regulations.
" Professional development " means training and education designed to improve and increase the abilities of staff members.
" Provisional license " means a license issued for a maximum period of three months when the licensee is temporarily unable to comply with these regulations and there is no serious risk to the health, safety, or well-being of children. The licensee must agree to comply with a corrective action plan or an agreement of understanding. An extension beyond this time requires the OCCL administrator’s approval.
" Quality-assured training " means training that is monitored to ensure that the content of the training is research-based and aligned with State standards for the field.
" Regulation " means the minimum standard established by OCCL that is required for a particular aspect of child care.
" Revocation " means the process of rescinding a license during the license's effective dates withdrawing permission to operate.
" Routine program outing " means an activity occurring at least weekly that appears on the posted classroom activity schedule and involves children leaving the center's premises such as a routine walk to a playground or a walk around the block.
" School-age administrator " means a staff member of a school-age center with direct or supervisory responsibility for the school-age center's total program of services provided to children and their families including, when applicable, the administrative aspects
activity schedule and involves children leaving the center's premises such as a routine walk to a playground or a walk around the block.
" School-age administrator " means a staff member of a school-age center with direct or supervisory responsibility for the school-age center's total program of services provided to children and their families including, when applicable, the administrative aspects. This person approves curriculum and also, when not assigning such duties to a school-age site coordinator, develops and evaluates curriculum and implements or monitors implementation of curriculum and daily activities for children at the school-age center. This person supervises all school-age staff members and meets the qualifications listed in these regulations.
" School-age aide " means a staff member of a school-age center who performs direct child care duties in this time-limited, entry-level position. This person works under the supervision of at least a school-age site coordinator and the direct observation of at least a school-age site assistant. This person has not completed the accepted training required for the position of school-age intern, may never be alone with children, and meets the qualifications listed in these regulations. This person will only count in staff/child ratios during the first year of employment at a center.
" School-age care " means care, education, protection, supervision, or guidance for school-age children before or after school, during school holidays, or during summer months.
" School-age center " means a center that exclusively provides care for school-age children.
" School-age child " means a child who attends or has attended kindergarten or a higher grade.
" School-age intern " means a staff member of a school-age center who performs direct child care duties. This person works under the supervision of at least a school-age site coordinator or school-age site assistant who is designated as responsible for the school-age center
care for school-age children.
" School-age child " means a child who attends or has attended kindergarten or a higher grade.
" School-age intern " means a staff member of a school-age center who performs direct child care duties. This person works under the supervision of at least a school-age site coordinator or school-age site assistant who is designated as responsible for the school-age center. This person works under the direct observation of at least a school-age site assistant, may be alone with children as listed in these regulations, and meets the qualifications listed in these regulations.
" School-age site assistant " means a staff member of a school-age center who performs direct child care duties. This person works under the supervision of at least a school-age site coordinator and assists in the implementation of curriculum. This person may supervise school-age interns, school-age aides, volunteers, and substitutes. This person meets the qualifications listed in these regulations.
" School-age site coordinator " means a staff member of a school-age center who performs direct child care duties. This person works under the supervision of the school-age administrator, and is immediately responsible for the day-to-day operations of the school-age center, direct care, supervision, guidance, and education of the children. This person implements curriculum and daily activities for children at the school-age center. In addition, when assigned such duties, this person develops and evaluates curriculum and monitors implementation of curriculum. This person may supervise school-age site assistants, school-age interns, school-age aides, volunteers, and substitutes and meets the qualifications listed in these regulations.
" Secretary " means the Secretary of the Department of Education.
" Section 504 Plan " means a document describing accommodations provided to a child with a disability to ensure full participation at the center
curriculum. This person may supervise school-age site assistants, school-age interns, school-age aides, volunteers, and substitutes and meets the qualifications listed in these regulations.
" Secretary " means the Secretary of the Department of Education.
" Section 504 Plan " means a document describing accommodations provided to a child with a disability to ensure full participation at the center.
" Serious injury " means any impact or injury to a child's face or head, or any physical injury that creates a substantial risk of death or causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of a body part.
" Serious non-compliance " means an action or actions that violate the terms of a license and presents a significant risk to children. Serious non-compliance includes, but is not limited to the following: child abuse or neglect, excessive non-compliance, failing to admit authorized people into the facility, failing to cooperate with an investigation, failing to report abuse or neglect, improper discipline, improper release of children, improper staff-to-child ratios, inappropriate adult behavior, lack of supervision, medication errors, having no administrator or curriculum coordinator, being over-capacity, participating in fraud or making false statements, safe sleep violations, being sanctioned by another agency, providing transportation in an unsafe manner, being under the influence of drugs and/or alcohol, leaving unqualified staff alone with children, failing to complete comprehensive background checks as required, having an unsafe building/environment, violating an agreement of understanding, or refusing to sign an agreement of understanding.
" Service Letters " as required by the Delaware Department of Labor, 19 Del.C
rtation in an unsafe manner, being under the influence of drugs and/or alcohol, leaving unqualified staff alone with children, failing to complete comprehensive background checks as required, having an unsafe building/environment, violating an agreement of understanding, or refusing to sign an agreement of understanding.
" Service Letters " as required by the Delaware Department of Labor, 19 Del.C. §708 , are used to determine whether a person seeking employment was counseled, warned, reprimanded, suspended, or discharged as a result of a reasonably substantiated incident involving his/her violent behavior or threat of violence in the workplace, or for abuse or negligence/neglect of patients/clients/residents/children.
" Staff member " means a full- or part-time employee of a center and all substitutes.
" Substitute " means a paid staff member who is temporarily filling in for a position during the absence of a permanent staff member. This person works under the supervision of at least an early childhood teacher, school-age site coordinator, or school-age site assistant who is designated as responsible for the school-age center. If not qualified to be alone with children, the substitute must work under the direct observation of at least an early childhood assistant teacher, early childhood caregiver, or school-age site assistant.
" Successful completion " means earning at least a grade of C- or its equivalent in early childhood education or child development course work from a regionally accredited college or university or completion of a quality-assured training course.
" Supervised experience " means completion of the process specified by OCCL to reduce the amount of experience required to qualify for specific early childhood and school-age positions.
" Supervision of children " means the correct number of staff members are physically present in the area or room, including outside, with children. Supervision includes providing watchful oversight and timely attention to children's actions and needs
letion of the process specified by OCCL to reduce the amount of experience required to qualify for specific early childhood and school-age positions.
" Supervision of children " means the correct number of staff members are physically present in the area or room, including outside, with children. Supervision includes providing watchful oversight and timely attention to children's actions and needs.
" Supervision of staff " means performing monitoring and evaluation of assigned staff, which includes the observation of interactions of assigned staff members with children and families, and staff's adherence to these regulations and the center's policies and procedures. When performing monitoring functions, supervisory staff members must be physically present in the same room or area as assigned staff members and directly observe staff to monitor on-going interaction with children.
" Suspension order " means a notice issued by OCCL directing a licensee to stop providing child care as of a specific date. While the license is suspended, a licensee may not provide child care.
" Toddler " means a child at least 12 months old and less than 36 months old.
" Training " means an organized professional development activity that is accepted by OCCL as designed to develop or enhance the early care and education or school-age competencies.
" Variance " means OCCL's approval for a licensee to meet the intent of a specific licensing regulation in a way that is different from the way the regulation specifies. OCCL will only give this approval when the change will not endanger the health, safety, or well-being of children in care.
" Volunteer " means a person who provides an unpaid service or support to a center. Unless qualified to be alone with children as stated in these regulations, volunteers must be directly supervised at all times by at least an early childhood assistant teacher, early childhood caregiver, or school-age site assistant
the change will not endanger the health, safety, or well-being of children in care.
" Volunteer " means a person who provides an unpaid service or support to a center. Unless qualified to be alone with children as stated in these regulations, volunteers must be directly supervised at all times by at least an early childhood assistant teacher, early childhood caregiver, or school-age site assistant.
" Warning of probation " means an enforcement action initiated by OCCL because the center was cited for serious non-compliance.
“ 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 14 Del.C. §3004A .
24 DE Reg. 267 (09/01/20)
4.0 Definition of Regulated Service
4.1 Early care and education and school-age centers provide care, education, protection, supervision, and guidance for 13 or more children, including children who are related to the licensee. This service is provided to an individual child for less than 24 hours per day and children attend without a parent/guardian. A licensee receives payment for services provided. This definition includes, but is not limited to, full- and part-time child care or daycare, early care and education, preschool, nursery school, before- or after-school care, school vacation or holiday care, and summer child care.
4.2 An individual, corporation, LLC, organization, entity, program, or agency that operates a center at a public or private school is required to obtain a license unless a public or private school operates the program
full- and part-time child care or daycare, early care and education, preschool, nursery school, before- or after-school care, school vacation or holiday care, and summer child care.
4.2 An individual, corporation, LLC, organization, entity, program, or agency that operates a center at a public or private school is required to obtain a license unless a public or private school operates the program.
4.3 The following facilities that operate for less than 24 hours per day shall be exempt from licensure under these regulations:
4.3.1 Youth camps that provide care for only school-age children and are issued permits by the Division of Public Health (DPH);
4.3.2 An institution, agency, association, or organization under State of Delaware ownership and control;
4.3.3 Religion classes conducted by religious institutions during the summer that do not exceed four weeks;
4.3.4 Programs established in connection with a business, recreation center, or religious institution in which children are provided care for brief periods of time, while a parent/guardian is on the premises and readily accessible at all times;
4.3.5 Programs that offer activities for school-age children who attend at their own discretion on an 'open door' basis, where there is no payment and no agreement, written or implied, between the program and the parent/guardian for the program to be responsible for the care of the child;
4.3.6 Programs that offer school-age care on a limited basis in order to meet an emergency need or special need, or only during school in-service days, school holidays, or school vacations;
4.3.7 Programs that solely provide lessons or classes, such as tutoring, music, dance, sport, or art; or
4.3.8 A public or private school that provides education in the subjects prescribed for the schools of the State. This school reports to the State Board of Education pursuant to 14 Del.C. §2704 . This exclusion includes programs and preschool education programs for people with disabilities as defined by 14 Del.C
t solely provide lessons or classes, such as tutoring, music, dance, sport, or art; or
4.3.8 A public or private school that provides education in the subjects prescribed for the schools of the State. This school reports to the State Board of Education pursuant to 14 Del.C. §2704 . This exclusion includes programs and preschool education programs for people with disabilities as defined by 14 Del.C. §3101(4) operated by these schools, except as stated in subsection 4.2.
4.4 An individual, corporation, LLC, organization, entity, program, agency, or school district may not operate a center or provide child care services as defined in these regulations unless issued a license by OCCL. Anyone who operates a center without a license violates 14 Del.C. §§3001A-3005A , The Delaware Child Care Act, and shall be fined not more than $100 or imprisoned not more than three months, or both.
24 DE Reg. 267 (09/01/20)
5.0 Authority to Inspect
5.1 Applicants, licensees, staff members, and volunteers, if applicable, shall allow access to the center during the hours of operation. This includes access to information, files, documents, and video recordings needed to determine compliance. Access must be granted to officials from OCCL and other State and local agencies to determine compliance with applicable codes, regulations, or laws. A licensee shall ensure agencies providing payment for child care services are also granted access.
5.2 Applicants, licensees, staff members, and volunteers, if applicable, shall allow and not hinder the interviewing of a licensee, staff member, substitute, child in care, or child's parents/guardians by officials from OCCL or other State and local agencies. Interviews will occur to determine compliance with these regulations and other applicable codes, regulations, or laws. A licensee shall cooperate and have staff members cooperate with investigations regarding allegations of child abuse or neglect conducted by the Department of Services for Children, Youth and Their Families.
24 DE Reg
dians by officials from OCCL or other State and local agencies. Interviews will occur to determine compliance with these regulations and other applicable codes, regulations, or laws. A licensee shall cooperate and have staff members cooperate with investigations regarding allegations of child abuse or neglect conducted by the Department of Services for Children, Youth and Their Families.
24 DE Reg. 267 (09/01/20)
6.0 License Requirements
6.1 A license remains the property of OCCL and is not transferable or subject to sale.
6.2 A licensee shall post the license where it is visible to the public.
6.3 When a center is sold, closes, relocates, or when the license has been suspended or revoked, the license immediately becomes not valid.
6.4 In the event of the licensee's death, the early childhood administrator or a staff member shall inform OCCL within 10 business days. The center may continue to operate for 90 days to allow time for a new applicant to complete the licensing process or to allow families to find alternate care because the center is closing. The license will no longer be valid 90 days after the licensee's death.
6.5 A separate application must be made for each center's address. A separate license is not required for a center that operates in two or more buildings at the same address.
PART II LICENSING PROCESS AND PROCEDURES
7.0 Procedures for Initial Licensure
7.1 An applicant shall complete the following steps and submit the following information to OCCL when seeking a license:
7.1.1 Attend OCCL's information session and orientation to learn the application process and regulations (an applicant may send the designated representative)
two or more buildings at the same address.
PART II LICENSING PROCESS AND PROCEDURES
7.0 Procedures for Initial Licensure
7.1 An applicant shall complete the following steps and submit the following information to OCCL when seeking a license:
7.1.1 Attend OCCL's information session and orientation to learn the application process and regulations (an applicant may send the designated representative).
7.1.2 Submit a completed Initial License Application (see Appendix I), which includes:
7.1.2.1 Applicant's name, address, email, and phone numbers;
7.1.2.2 Applicant's references: for corporations contact information for officers; for LLCs contact information for managing member; for public and private schools contact information for the superintendent or equivalent officer;
7.1.2.3 Previous licensure information, if applicable;
7.1.2.4 Program information (including ages of children to be served);
7.1.2.5 Staffing information (including names of proposed employees); and
7.1.2.6 Certifications that include:
7.1.2.6.1 Agreement to comply with federal and State laws and regulations;
7.1.2.6.2 Statement that information supplied is true and correct; and
7.1.2.6.3 Acknowledgment that OCCL is required to make a thorough investigation of the applicant.
7.1.3 Submit the following items to OCCL:
7.1.3.1 Blueprints or diagrams of the center;
7.1.3.2 Plan review including an emergency plan;
7.1.3.3 Sample two-week menu, if providing meals or snacks (if using a catering service, a copy of the caterer's food establishment permit);
7.1.3.4 Business plan;
7.1.3.5 Deed, lease, or documentation showing a lease/sale will be entered into at a date prior to licensure for the center. If located in a school, written permission to use an area or classroom is needed
w including an emergency plan;
7.1.3.3 Sample two-week menu, if providing meals or snacks (if using a catering service, a copy of the caterer's food establishment permit);
7.1.3.4 Business plan;
7.1.3.5 Deed, lease, or documentation showing a lease/sale will be entered into at a date prior to licensure for the center. If located in a school, written permission to use an area or classroom is needed. An actual deed or lease is required before the pre-licensing visit is conducted;
7.1.3.6 Fire marshal approval from State fire marshal or designated fire marshal when located within the city limits of Wilmington, Newark, New Castle, or Dover;
7.1.3.7 Proof of compliance with zoning codes/certificate of occupancy or use, and, if applicable, other codes, regulations, guidelines, or laws, such as those regarding building construction, plumbing, Department of Natural Resources and Environmental Control for septic systems, and Office of Drinking Water for well water;
7.1.3.8 Lead-paint risk assessment and requirements of subsection 45.2, if the center was built before 1978;
7.1.3.9 Release of employment form that allows OCCL to collect service letters as per 19 Del.C. §708 . The form will list the applicant's current or most recent employer and all health care and child care facilities where the applicant worked within the past five years. If an applicant has no former employer, the applicant shall provide information for two more references;
7.1.3.10 Comprehensive background checks, as described in subsection 28.3, for the applicant, early childhood or school-age administrator, and early childhood teacher or school-age site assistant;
7.1.3.11 If an applicant will be present at the center, an applicant's health appraisal must contain a TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff, and was conducted within one year before the application date
chool-age administrator, and early childhood teacher or school-age site assistant;
7.1.3.11 If an applicant will be present at the center, an applicant's health appraisal must contain a TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff, and was conducted within one year before the application date. This form must confirm the individual's health and document medical or physical conditions that may limit the person's ability to perform child care or have access to children or others and any reasonable accommodations that may be required;
7.1.3.12 For early care and education programs, DE First certificates for an early childhood administrator and at least one early childhood teacher and for school-age programs, DE First certificates for a school-age administrator and at least one school-age site assistant;
7.1.3.13 Parent handbook;
7.1.3.14 Staff handbook;
7.1.3.15 Evidence showing each room used for child care to be free of radon hazards using the Environmental Protection Agency's guidelines:
7.1.3.15.1 Testing may be performed by the property owner or an inspector certified by the American Association of Radon Scientists, the National Radon Safety Board, or any organization recognized by the EPA or State of Delaware Radon Program.
7.1.3.15.2 If testing indicates a radon level over 4.0 pCi/l, radon mitigation according to industry standards must occur or a long-term radon test (90-120 days) must indicate a level less than 4.0 pCi/l.
7.1.3.16 Certification of indoor air quality, if applicable;
7.1.3.17 Certificate of liability insurance due by pre-licensing visit; and
7.1.3.18 State business license.
7.2 Upon receipt of the completed application and required information, a licensing specialist will:
7.2.1 Review the application and information, and inspect the premises to determine whether the applicant complies with these regulations;
7.2.2 Make a recommendation for licensure
plicable;
7.1.3.17 Certificate of liability insurance due by pre-licensing visit; and
7.1.3.18 State business license.
7.2 Upon receipt of the completed application and required information, a licensing specialist will:
7.2.1 Review the application and information, and inspect the premises to determine whether the applicant complies with these regulations;
7.2.2 Make a recommendation for licensure. If a license is granted, it will be a six-month initial provisional license; and
7.2.3 Notify the applicant as stated in subsection 13.4 if an initial provisional license to operate is denied.
7.3 A licensing specialist shall conduct a compliance review at the center before the expiration of the initial provisional license. Once this review is completed, OCCL will issue a provisional or annual license depending upon whether full compliance is obtained. This license will be valid for six months.
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8.0 License Renewal
8.1 A licensee shall submit a completed Renewal License Application (see Appendix II) to OCCL at least 60 days before the current license expires that includes the following:
8.1.1 A sample two-week menu of meals or snacks, if the center provides meals or snacks;
8.1.2 Certificate of liability insurance; and
8.1.3 A copy of the current State business license.
8.2 Applications received less than 60 days before the license expiration will be cited as late on the compliance review.
8.3 When a licensee applies on time, the existing license will not expire until OCCL makes a decision on the renewal application.
8.4 When a licensee applies after the license expires, if approved, the new license will start the date OCCL received the application. A license will not be backdated.
8.5 A licensing specialist or licensing supervisor shall verify during an unannounced annual compliance review that the licensee complies with these regulations.
8.5.1 A licensee found to be noncompliant with the regulations will be cited and given a corrective action plan
ense expires, if approved, the new license will start the date OCCL received the application. A license will not be backdated.
8.5 A licensing specialist or licensing supervisor shall verify during an unannounced annual compliance review that the licensee complies with these regulations.
8.5.1 A licensee found to be noncompliant with the regulations will be cited and given a corrective action plan.
8.5.2 Within five days of the citation, a licensee may dispute citations by contacting a licensing supervisor to request a conference or by discussing the citations over the phone.
8.5.2.1 A licensee may provide evidence that the facility was wrongly cited.
8.5.2.2 After the conference or phone conversation, the supervisor will then discuss the information with the licensing specialist and determine whether to remove the non-compliance from the corrective action plan.
8.6 OCCL will issue one of the following types of licenses:
8.6.1 An annual license for 12 months when the licensee is in full compliance with the regulations;
8.6.2 A provisional license when the licensee is unable to achieve full compliance before the current license expires and the licensee agrees to comply with the corrective action plan; or
8.6.3 A license extension when compliance has not been determined through no fault of the licensee.
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9.0 Changes Affecting a License
9.1 A licensee shall submit a new application and receive approval before changing the center's name or the type of authorized regulated service.
9.2 A licensee shall submit a revised plan review and receive approval before:
9.2.1 Making additions or renovations to the indoor areas/classrooms or outdoor areas of the center; or
9.2.2 Changing meal services provided at the center.
9.3 Before the new or renovated area is used or the new meal service begins, a licensing specialist will conduct an on-site visit to confirm the plan was followed.
9.4 A licensee may be required to submit a revised plan review when changing the ages of children served
renovations to the indoor areas/classrooms or outdoor areas of the center; or
9.2.2 Changing meal services provided at the center.
9.3 Before the new or renovated area is used or the new meal service begins, a licensing specialist will conduct an on-site visit to confirm the plan was followed.
9.4 A licensee may be required to submit a revised plan review when changing the ages of children served.
9.5 A licensee and prospective licensee shall follow the procedures in subsection 14.1 in preparation for the sale of the center.
10.0 Relocation of a Center
10.1 A licensee planning to relocate shall notify OCCL at least 90 days before a planned relocation of a center. A licensee shall complete a Relocation Application (see Appendix II) and submit the following information on the new location to OCCL before a licensing specialist conducts a compliance review:
10.1.1 Blueprints or diagrams of the center;
10.1.2 Plan Review including an emergency plan;
10.1.3 Deed, lease, or documentation showing a lease will be entered into at a date prior to licensure for the center or if located in a school, permission to use an area or classroom;
10.1.4 Fire marshal approval for the center;
10.1.5 Proof of compliance, if applicable, from the appropriate regulatory bodies governing zoning/certificate of occupancy or use, building construction, plumbing, Department of Natural Resources and Environmental Control for septic systems, and Office of Drinking Water for well water;
10.1.6 Certification of indoor air quality, if applicable;
10.1.7 Evidence showing each room used for child care to be free of radon hazards as stated in Section 7.0; and
10.1.8 Insurance documentation;
10.1.9 Lead-paint risk assessment and requirements of subsection 45.2, if the center was built before 1978; and
10.1.10 Radon testing and mitigation, if necessary, as stated in subsection 45.3.
10.2 A licensee may not provide child care at the new location until OCCL issues a license at the new address.
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e free of radon hazards as stated in Section 7.0; and
10.1.8 Insurance documentation;
10.1.9 Lead-paint risk assessment and requirements of subsection 45.2, if the center was built before 1978; and
10.1.10 Radon testing and mitigation, if necessary, as stated in subsection 45.3.
10.2 A licensee may not provide child care at the new location until OCCL issues a license at the new address.
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11.0 Regulation Variance
11.1 An applicant or licensee shall comply with all regulations unless an applicant or licensee requests a variance from OCCL and receives approval.
11.2 The applicant or licensee shall describe on a written variance request form, (see Appendix III), how an applicant or licensee will meet the intent of a specific regulation in a different way from the way the regulation states.
11.2.1 The change may not endanger the health, safety, or well-being of children in care.
11.2.2 The licensee shall keep the variance approval and make it available on request. A variance is valid only for this licensee. If the licensee fails to comply with the variance, OCCL will cancel the variance and require the licensee to comply as the regulation states.
11.2.3 A variance denial may be appealed by requesting a conference with OCCL’s administrator or designee.
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12.0 Complaints
12.1 OCCL shall investigate when a complaint is received regarding a possible violation of these regulations.
12.2 OCCL shall notify the licensee or a staff member that a complaint is being investigated at an unannounced visit.
12.3 OCCL shall report the results of the investigation in writing.
12.4 If the complaint is substantiated or if other violations are found during the investigation, a licensee shall correct the violations and come into compliance with these regulations.
12.4.1 Within five days of receiving the complaint investigation report, a licensee may dispute citations or findings by contacting a licensing supervisor to request a conference or by discussing the citations over the phone
complaint is substantiated or if other violations are found during the investigation, a licensee shall correct the violations and come into compliance with these regulations.
12.4.1 Within five days of receiving the complaint investigation report, a licensee may dispute citations or findings by contacting a licensing supervisor to request a conference or by discussing the citations over the phone.
12.4.2 A licensee may provide evidence that the facility was wrongly cited.
12.4.3 After the conference or phone conversation, the supervisor will then discuss the information with the licensing specialist and determine whether to remove the non-compliance from the corrective action plan.
12.5 Complaints relating specifically to laws, rules, or regulations of other governmental entities (including but not limited to the Americans with Disabilities Act and Delaware Equal Accommodations Law) will be referred to the appropriate entity, charged with enforcement authority, for investigation. At the time of the referral, OCCL shall request a report of the findings. OCCL shall assist the complaining party with the referral process or make the referral itself, as appropriate. OCCL shall request a report of the findings at the conclusion of the investigation. These findings may be used as the basis for an OCCL enforcement action.
12.6 An investigation by the Department of Services for Children, Youth, and Their Families' Institutional Abuse Unit will be made if a complaint is received regarding the abuse or neglect of a child at the center by a staff member.
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13.0 Enforcement Actions
13.1 To maintain licensure, a licensee shall follow these regulations and applicable federal, State, and local laws and regulations. Failure to do so will result in a corrective action plan or an enforcement action
tutional Abuse Unit will be made if a complaint is received regarding the abuse or neglect of a child at the center by a staff member.
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13.0 Enforcement Actions
13.1 To maintain licensure, a licensee shall follow these regulations and applicable federal, State, and local laws and regulations. Failure to do so will result in a corrective action plan or an enforcement action.
13.1.1 An enforcement action, such as warning of probation, probation, suspension, revocation, or denial of a license application, may be initiated by OCCL when a licensee fails to comply with a corrective action plan or agreement of understanding, or has been cited for serious non-compliance.
13.1.2 A licensee may appeal an enforcement action by requesting a hearing within 10 business days of notification of OCCL's decision to impose the action.
13.1.2.1 This appeal request may be written or verbal for warning of probation or probation. All other appeal requests must be provided by the applicant or licensee in writing.
13.1.2.2 A licensee may provide evidence that the facility was wrongly cited.
13.2 License Suspension
13.2.1 OCCL may immediately suspend a license if the health, safety, or well-being of children in care is in serious or imminent danger.
13.2.1.1 A suspension order requires the licensee to immediately stop providing child care. Absent extenuating circumstances, a suspension order shall be in writing.
13.2.1.2 If a verbal suspension order is provided, it will be followed by a hand-delivered written suspension order by 11 AM the following business day.
13.2.1.3 A written suspension order must state the reason or reasons for the enforcement action.
13.2.2 Within 10 business days of OCCL issuing the written order, the licensee may choose to close permanently, remain suspended until the reason for the suspension has been corrected, or remain suspended and request a hearing in writing.
13.2.3 A hearing must be scheduled and held within 10 business days of the licensee's written request for a hearing
reason or reasons for the enforcement action.
13.2.2 Within 10 business days of OCCL issuing the written order, the licensee may choose to close permanently, remain suspended until the reason for the suspension has been corrected, or remain suspended and request a hearing in writing.
13.2.3 A hearing must be scheduled and held within 10 business days of the licensee's written request for a hearing.
13.2.3.1 A hearing officer with no previous involvement in the matter must be assigned by the Associate Secretary of Early Childhood Support.
13.2.3.2 The hearing officer may allow delays in the hearing only for good cause.
13.2.3.3 After a hearing officer makes a recommendation, the Secretary determines whether to adopt the recommendation and issues a final decision.
13.2.3.4 The licensee will be notified in writing of the decision of the Secretary. The decision will become final 10 business days after it is mailed or delivered to the licensee.
13.2.4 A licensee dissatisfied with the department's decision for suspension may file an appeal within 30 business days after the mailing or delivery of the decision notice.
13.2.4.1 A licensee appeals to the Delaware Superior Court in the county where the center is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.
13.2.4.2 A licensee shall supply a copy of the appeal to the department.
13.2.4.3 The licensee pays any costs for this appeal that Superior Court rules require to be paid by the filing party.
13.2.4.4 The final decision of the Secretary will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. §10144 .
13.3 Warning of Probation or Probation
13.3.1 OCCL may place a center on warning of probation or probation when serious non-compliance is cited.
13.3.1.1 OCCL shall notify the licensee in writing of the reasons it intends to place the center on warning of probation or probation
etary will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. §10144 .
13.3 Warning of Probation or Probation
13.3.1 OCCL may place a center on warning of probation or probation when serious non-compliance is cited.
13.3.1.1 OCCL shall notify the licensee in writing of the reasons it intends to place the center on warning of probation or probation.
13.3.1.2 This letter will describe how a licensee may appeal the decision by requesting a hearing to present information that the cited violations are not valid.
13.3.1.3 Warning of probation may initially last up to six months and may be renewed. Probation may initially last up to one year and may be renewed.
13.3.2 Within 10 business days of receiving the written notice, the licensee shall request a hearing or accept the enforcement action.
13.3.3 A hearing must be held within 30 calendar days of the hearing request.
13.3.3.1 The department will assign a hearing officer with no previous involvement in the matter.
13.3.3.2 A hearing officer may allow delays in the hearing only for good cause.
13.3.4 After a hearing officer makes a recommendation regarding warning of probation, OCCL’s administrator determines whether to adopt the recommendation and makes a final decision. After a hearing officer makes a recommendation regarding probation, the Associate Secretary of Early Childhood Support determines whether to adopt the recommendation and makes a final decision. OCCL shall notify the licensee in writing of the decision.
13.3.5 A licensing specialist shall conduct unannounced visits during the enforcement period to ensure compliance with these regulations is maintained.
13.3.5.1 The findings will be reported to the licensee in writing.
13.3.5.2 A licensee found to be noncompliant with the regulations will be cited and given a corrective action plan
cision. OCCL shall notify the licensee in writing of the decision.
13.3.5 A licensing specialist shall conduct unannounced visits during the enforcement period to ensure compliance with these regulations is maintained.
13.3.5.1 The findings will be reported to the licensee in writing.
13.3.5.2 A licensee found to be noncompliant with the regulations will be cited and given a corrective action plan.
13.3.5.2.1 Within five days of the citation, a licensee may dispute citations by contacting a licensing supervisor to request a conference or by discussing the citations over the phone.
13.3.5.2.2 A licensee may provide evidence that the facility was wrongly cited.
13.3.5.2.3 After the conference or phone conversation, the supervisor will then discuss the information with the licensing specialist and determine whether to remove the non-compliance from the corrective action plan.
13.3.6 Failure to comply with licensing regulations while on warning of probation or probation may result in having the enforcement action extended or heightened.
13.3.7 A licensee may not increase the licensed capacity or receive a new license at an additional site while on an enforcement action or when issued a notice regarding OCCL's intent to place the center on an enforcement action.
13.4 Denial of a License Application or Revocation
13.4.1 OCCL may deny a license application or revoke a license for good cause, including but not limited to the following:
13.4.1.1 Failure to comply with applicable provisions of federal, State, or local laws or of these regulations;
13.4.1.2 Violation of the terms or conditions of its license;
13.4.1.3 Fraud or misrepresentation in obtaining a license or in the subsequent operation of the center;
13.4.1.4 Refusal to furnish OCCL with files, reports, or records as required by the law;
13.4.1.5 Refusal to permit an authorized representative of OCCL to gain admission to the center during operating hours;
13.4.1.6 Engaging in any activity, policy, practice, or conduct by the licensee or staff member that adverse
epresentation in obtaining a license or in the subsequent operation of the center;
13.4.1.4 Refusal to furnish OCCL with files, reports, or records as required by the law;
13.4.1.5 Refusal to permit an authorized representative of OCCL to gain admission to the center during operating hours;
13.4.1.6 Engaging in any activity, policy, practice, or conduct by the licensee or staff member that adversely affects or is deemed by OCCL to be detrimental to the education, health, safety, or well-being of children; or
13.4.1.7 Conduct that otherwise demonstrates unfitness by the licensee or early childhood or school-age administrator to operate a center.
13.4.2 OCCL shall notify the applicant or licensee in writing of the reasons it intends to deny a license application or revoke a license. This letter will describe how an applicant or licensee may appeal the decision by requesting a hearing to present information that the cited violations or reasons for the denial are not valid.
13.4.2.1 Within 10 business days of receiving the written notice, the applicant or licensee shall request a hearing in writing or accept the denial or revocation and close within the time stated in the notice.
13.4.2.2 If an applicant or licensee does not make a timely request for a hearing as stated in subsection 13.4.2.1, the denial or revocation will take effect 30 business days after receiving the written notice from OCCL.
13.4.3 A hearing will be held within 30 calendar days of the hearing request.
13.4.3.1 The department will assign a hearing officer with no previous involvement in the matter.
13.4.3.2 A hearing officer may allow delays in the hearing only for good cause.
13.4.4 If an applicant or licensee requests a hearing in a timely manner, its existing license will be valid until the department provides a written decision after the hearing. However, OCCL may suspend a license immediately whenever the health, safety, or well-being of children in care is in serious or imminent danger
13.4.3.2 A hearing officer may allow delays in the hearing only for good cause.
13.4.4 If an applicant or licensee requests a hearing in a timely manner, its existing license will be valid until the department provides a written decision after the hearing. However, OCCL may suspend a license immediately whenever the health, safety, or well-being of children in care is in serious or imminent danger.
13.4.5 After a hearing officer makes a recommendation, the Secretary determines whether to adopt the recommendation and issues a final decision. The applicant or licensee will be notified in writing of the decision. The decision will become final 10 business days after it is mailed or delivered to the applicant or licensee.
13.4.6 An applicant or licensee who is dissatisfied with the department's decision regarding revocation or denial may file an appeal within 30 business days after the mailing or delivery of the decision notice.
13.4.6.1 The applicant or licensee appeals to the Delaware Superior Court in the county where the center is located, by filing the appeal in the Office of the Prothonotary for the Superior Court.
13.4.6.2 The applicant or licensee shall supply a copy of the appeal to the department.
13.4.6.3 The applicant or licensee pays any costs for this appeal that Superior Court rules require to be paid by the filing party.
13.4.6.4 The final decision of the Secretary will remain in place during the appeal process unless otherwise ordered by the court pursuant to 29 Del.C. §10144 .
13.4.7 When a license has been revoked or an application has been denied, the licensee or applicant may not apply for a license from OCCL for three years from the date that the revocation or denial was upheld. A facility's designated representative, early childhood administrator, school-age administrator, or person in a leadership role will not be issued a license during this three-year period.
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When a license has been revoked or an application has been denied, the licensee or applicant may not apply for a license from OCCL for three years from the date that the revocation or denial was upheld. A facility's designated representative, early childhood administrator, school-age administrator, or person in a leadership role will not be issued a license during this three-year period.
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PART III ADMINISTRATION AND ORGANIZATION
14.0 Notification to OCCL
14.1 A licensee shall notify OCCL in writing at least 90 days before the expected closing of the center or a change of ownership, sponsorship, location, center name, capacity, or type of regulated service being provided such as changes the ages of children served.
14.1.1 When a licensee plans to sell a currently licensed center, the prospective licensee shall follow the procedures listed in Section 7.0, before the center is sold so that a child care license can be issued to the new owner when all licensing criteria are met and the sale is finalized. Lead-risk assessments are transferrable.
14.1.2 Once the initial licensing procedures are completed by the prospective owner, a licensing specialist will conduct a pre-licensing visit to issue a license that becomes effective the date the facility is sold. If non-compliance is cited, a corrective action plan will be created with a maximum of 30 days for completion assuming no major health or safety violations were cited.
14.1.3 The prospective licensee shall provide a copy of the bill of sale to OCCL before OCCL will issue the license.
14.2 A licensee shall notify OCCL within five business days of the resignation, termination, transfer, or hiring of the early childhood or school-age administrator, early childhood curriculum coordinator, or school-age site coordinator. An early childhood administrator or staff member shall notify OCCL within 10 business days of the death of the licensee
to OCCL before OCCL will issue the license.
14.2 A licensee shall notify OCCL within five business days of the resignation, termination, transfer, or hiring of the early childhood or school-age administrator, early childhood curriculum coordinator, or school-age site coordinator. An early childhood administrator or staff member shall notify OCCL within 10 business days of the death of the licensee.
14.3 A licensee shall ensure OCCL is called within one business day Monday-Friday from 8:00 AM to 4:30 PM (The caller must speak with someone; leaving a message is not acceptable) in the event of:
14.3.1 A fire, flood, or other disaster causes damage that affects the center's ability to operate safely;
14.3.2 Injury of a child while in the care of a center, when the center is informed the child required medical/dental treatment other than any first aid provided at the center. A licensee shall follow this call with a written report within three business days;
14.3.3 Suspected abuse or neglect of a child while in care (after reporting the suspicion to the 24-Hour Child Abuse Report Line, currently listed as 1-800-292-9582);
14.3.4 A known arrest or conviction of a staff member or licensee;
14.3.5 A child had a reaction to medication requiring medical treatment or received medical treatment because of a medication error such as administering the wrong medication to a child, administering the wrong dose, failure to administer the medication, administering a medication to the wrong child, or administering the medication by the wrong route
st or conviction of a staff member or licensee;
14.3.5 A child had a reaction to medication requiring medical treatment or received medical treatment because of a medication error such as administering the wrong medication to a child, administering the wrong dose, failure to administer the medication, administering a medication to the wrong child, or administering the medication by the wrong route. The licensee shall follow this call with a written report within three business days;
14.3.6 The phone number of the center changes (must also notify parents/guardians and staff members);
14.3.7 A child is abducted from the center or is missing while in the center's care; or
14.3.8 An equipment breakdown that threatens the health and safety of children in care, including but not limited to lack of working toilets, interruption of running water, loss of phone service or power, smoke/fire alarm system failure, and heating or air-conditioning failure.
14.4 The licensee shall immediately call the 24-Hour Child Abuse Report Line (currently listed as 1-800-292-9582) when a child in care dies. After this call, a licensee shall immediately notify OCCL.
14.5 A licensee shall ensure telephone calls from OCCL requiring a response are returned within two business days.
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15.0 Governing Body
15.1 A licensee shall have an identifiable owner or governing body with responsibility for and authority over the operation of the center. The owner or governing body shall designate a qualified person to function as the center's early childhood or school-age administrator.
15.2 A licensee, governing body, if applicable, and employees shall follow all applicable federal, State, and local laws and regulations, including, but not limited to, the Americans with Disabilities Act and Delaware Equal Accommodations Law
ration of the center. The owner or governing body shall designate a qualified person to function as the center's early childhood or school-age administrator.
15.2 A licensee, governing body, if applicable, and employees shall follow all applicable federal, State, and local laws and regulations, including, but not limited to, the Americans with Disabilities Act and Delaware Equal Accommodations Law.
15.3 A licensee shall have an organized system of business management and have sufficient staff, space, and equipment to fulfill, at a minimum, administrative, fiscal, clerical, cleaning, maintenance, food services, direct child care, and supervisory functions.
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16.0 Insurance Coverage
A licensee shall have documentation of motor vehicle insurance if transporting children in a vehicle that is owned or leased by the center, comprehensive general liability insurance, and other insurance as required by State law.
17.0 Telephones
17.1 A licensee shall ensure a center has a working, publicly-listed phone number. This on-site phone must have a feature that allows a caller to leave a voicemail message. The licensee shall provide the new phone number to the parent/guardian, staff, and OCCL within one business day if it changes.
17.2 A licensee shall post emergency phone numbers by telephones accessible to staff members for ambulance or emergency medical services, police, fire departments (911), Poison Control Center, and the 24-Hour Child Abuse Report Line (currently listed as 1-800-292-9582).
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18.0 General Human Resources and Personnel Policies
A licensee shall have and follow written policies and practices that include procedures for positive behavior management of children, handling allegations of child abuse and neglect, for hiring, discipline, dismissal, dishonesty, suspension, and lay-off of staff members in accordance with applicable laws. These policies must be available to staff members and prospective staff members.
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es
A licensee shall have and follow written policies and practices that include procedures for positive behavior management of children, handling allegations of child abuse and neglect, for hiring, discipline, dismissal, dishonesty, suspension, and lay-off of staff members in accordance with applicable laws. These policies must be available to staff members and prospective staff members.
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19.0 Child Abuse and Neglect Reporting Requirements
19.1 A licensee shall develop, adopt, follow, and maintain on file written policies and procedures for handling an incident of suspected child abuse or neglect that occurs while a child is in or out of the center's care to comply with applicable laws.
19.2 Allegations of Abuse or Neglect against a Staff Member
19.2.1 The licensee shall ensure children are not abused or neglected.
19.2.2 The licensee shall eliminate the factors or circumstances that may result in a continuing risk of abuse or neglect to children if the abuse or neglect occurred at the center by a staff member.
19.2.3 A staff member alleged to have abused or neglected a child may not have direct contact with any child until the completion of the incident's investigation. However, at the licensee's discretion, the staff member may be reassigned to other duties that do not involve contact with children.
20.0 Positive Behavior Management
20.1 A licensee shall have and follow an easy-to-understand written children's behavior management statement. The statement shall be posted in a noticeable place in the center and provided to a parent/guardian and staff.
20.2 A licensee shall ensure that all staff use prevention strategies, appropriate redirection rather than restraint, and positive developmentally-appropriate methods of behavior management of children, which encourage self-control, self-direction, positive self-esteem, social responsibility, and cooperation.
20.2.1 Staff shall give directions and guidance in a clear, non-threatening manner
staff.
20.2 A licensee shall ensure that all staff use prevention strategies, appropriate redirection rather than restraint, and positive developmentally-appropriate methods of behavior management of children, which encourage self-control, self-direction, positive self-esteem, social responsibility, and cooperation.
20.2.1 Staff shall give directions and guidance in a clear, non-threatening manner.
20.2.2 In addition, staff members shall intervene quickly to ensure the safety of children and others; redirect children by suggesting other acceptable behaviors; escort the child to a different setting when necessary and speak so children understand their feelings are important and acceptable, but their disruptive behavior is not.
20.2.3 As children develop, these methods must be modified to encourage them to control their own behavior, cooperate with others, and solve problems by developing ideas about the best possible solution.
20.3 A licensee shall ensure staff members consult with a child's parent/guardian and professionals, if necessary, to design effective positive behavioral interventions and to adapt behavior management practices for a child who has a special need, including a behavioral or emotional disability.
20.4 A licensee shall ensure staff members teach by example by always being respectful when speaking to children and others such as other staff and families while at the center.
20.5 A licensee shall ensure that if "time-out" is used, it is used only as necessary to help the child gain control of behavior and feelings. It must be used as a supplement to, not a substitute for, other developmentally-appropriate methods of behavior management.
20.5.1 "Time-out" must be limited to brief periods of no more than one minute for each year of a child's age.
20.5.2 "Time-out" may not be used for infants.
20.5.3 Before using "time-out", the staff member shall discuss the reason for the "time-out" in language appropriate to the child's level of development and understanding
e for, other developmentally-appropriate methods of behavior management.
20.5.1 "Time-out" must be limited to brief periods of no more than one minute for each year of a child's age.
20.5.2 "Time-out" may not be used for infants.
20.5.3 Before using "time-out", the staff member shall discuss the reason for the "time-out" in language appropriate to the child's level of development and understanding.
20.5.4 A child removed from the group or room during a "time-out" must be supervised. Before rejoining the group or at another time, a staff member must talk to the child in ways that encourages the child to make better decisions in the future.
20.6 A licensee shall ensure the following actions are prohibited:
20.6.1 Roughly handling a child or physical punishment inflicted on a child's body, including, but not limited to the following: shaking, grabbing, striking, hair pulling, biting, pinching, plucking, slapping, hitting, kicking, or spanking;
20.6.2 Yelling at, humiliating, or frightening children;
20.6.3 Physically or sexually abusing a child;
20.6.4 Making negative comments about a child's appearance, ability, ethnicity, family, or other personal traits;
20.6.5 Denying children food, water, or toilet use for inappropriate behavior;
20.6.6 Tying, taping, chaining, caging, or restraining a child by a means other than holding. The child may be held only as long as necessary for the child to regain control;
20.6.6.1 If the child or others are in imminent danger or a risk to themselves or others, physical holding for as brief as possible to remedy the risk or removing the child to a safer location is permissible. Supervision is required.
20.6.6.2 In the event physical holding is used, documentation must occur by the staff. The early childhood or school-age administrator shall be involved in monitoring and managing the situation to ensure safety of all (child and staff member)
es or others, physical holding for as brief as possible to remedy the risk or removing the child to a safer location is permissible. Supervision is required.
20.6.6.2 In the event physical holding is used, documentation must occur by the staff. The early childhood or school-age administrator shall be involved in monitoring and managing the situation to ensure safety of all (child and staff member).
20.6.7 Punishing children for a toileting accident, or for failing to fall asleep, eat food, or complete an activity;
20.6.8 Withholding physical activity as punishment; or
20.6.9 Encouraging or allowing children to hit, punish, or discipline each other.
24 DE Reg. 267 (09/01/20)
21.0 Food Service Policy
21.1 A licensee shall have and follow a written policy concerning food service. This policy must be given to a parent/guardian at enrollment and when updated. This policy must include:
21.1.1 A statement that children are encouraged but not forced to eat;
21.1.2 Approximate times of snacks and meals;
21.1.3 Procedures to address food allergies (for foods provided by the center or parents/guardians); and
21.1.4 A description of which food services will be provided by the licensee or by a parent/guardian.
21.2 A licensee shall ensure when meals or snacks are provided by the center the food service policy includes:
21.2.1 Procedures to address religious dietary requirements and other dietary requests or restrictions; and
21.2.2 A policy on whether additional servings of foods will be served to a child who has been fed and is still hungry
ices will be provided by the licensee or by a parent/guardian.
21.2 A licensee shall ensure when meals or snacks are provided by the center the food service policy includes:
21.2.1 Procedures to address religious dietary requirements and other dietary requests or restrictions; and
21.2.2 A policy on whether additional servings of foods will be served to a child who has been fed and is still hungry.
21.3 A licensee shall ensure when meals and snacks are provided by a parent/guardian the food service policy includes:
21.3.1 Statements that meals or snacks may not be shared with others;
21.3.2 Statements that foods must be clean and safe and comply with the center's written policy concerning the content of foods provided by a parent/guardian;
21.3.3 Written procedures to be followed to prevent spoilage of foods brought from home; and
21.3.4 Procedures that the center will follow to provide a meal or snack to a child who has not brought one or both.
22.0 Breast Feeding
A licensee shall have and follow a policy to address the needs of a child who is breastfed. This policy must include allowing a mother to breastfeed her child at the center in a designated place in the center that is clean, removed from public view, and not located in a toilet room or kitchen.
23.0 Center Policies-Parent/Guardian Handbook
23.1 A licensee shall have and follow an organized system of respectful communication with parents/guardians and provide a handbook at enrollment that includes the following information:
23.1.1 Assurances that parent/guardian's visits and monitoring of the program are welcomed and permitted without prior approval;
23.1.2 Assurances of non-discrimination based on race, color, national origin, gender, age, sex, pregnancy, marital status, sexual orientation, gender identity or expression, religion, creed, disability, veteran’s status, or any other category protected by state and/or federal laws;
23.1.3 A statement of the center's developmental and educational goals for children as stated in subsection 73.2.1 including pr
rances of non-discrimination based on race, color, national origin, gender, age, sex, pregnancy, marital status, sexual orientation, gender identity or expression, religion, creed, disability, veteran’s status, or any other category protected by state and/or federal laws;
23.1.3 A statement of the center's developmental and educational goals for children as stated in subsection 73.2.1 including procedures for regularly informing the parent/guardian about the program and the child's developmental and educational progress including a minimum of one annual conference between center staff and the parent/guardian;
23.1.4 A written explanation of the mandatory reporting of child abuse and neglect;
23.1.5 Information about procedures used to assess children's accomplishments and needs and, when there are concerns, to refer the parent/guardian for additional help in the community;
23.1.6 Upon request, a procedure for informing the parent/guardian of the identities and contact information of the governing body members and owners, as applicable;
23.1.7 A procedure encouraging the parent/guardian to review current licensing regulations that are made available at the center;
23.1.8 A procedure for accepting and handling complaints from the parent/guardian;
23.1.9 Procedures related to the release of children including:
23.1.9.1 Releasing children only to people approved by a parent/guardian including a process for the emergency release of a child;
23.1.9.2 Allowing school-age children to walk home or from the school bus stop to the center each with written parent/guardian permission;
23.1.9.3 Checking the identity of an unknown approved person before releasing the child and keeping documentation of this verification except for bus drivers contracted by the child's school;
23.1.9.4 Handling situations in which a non-custodial parent attempts to claim the child without custodial parent/guardian permission;
23.1.9.5 Handling situations in which an unapproved person attempts to pick up a child, and
23.1.9.6 Handling situations w
oved person before releasing the child and keeping documentation of this verification except for bus drivers contracted by the child's school;
23.1.9.4 Handling situations in which a non-custodial parent attempts to claim the child without custodial parent/guardian permission;
23.1.9.5 Handling situations in which an unapproved person attempts to pick up a child, and
23.1.9.6 Handling situations when a person who seems to be intoxicated or unable to bring the child home safely requests the release of a child;
23.1.10 Procedures to report accidents or critical incidents involving the child and other important information relating to the child;
23.1.11 Procedures stating that written permission from the parent/guardian is required before disclosing or using a child's written, electronic, or digital information except to employees of OCCL or other entities with statutory responsibilities for issues relating to the health, safety, and well-being of children;
23.1.12 Procedures for using a written transition plan when enrolling a child or when moving a child permanently from a particular group or room. The parent/guardian must be informed in advance;
23.1.13 Policies for routine and emergency health care including procedures to follow in case of illness; plans for accessing emergency services, including transportation and parent/guardian notification; illness exclusions including reportable communicable diseases; parent/guardian notification of communicable disease or condition; and administration of medication policies including reasonable accommodations for a child with disabilities;
23.1.14 Policies for child suspension and expulsion such as the “Best Practice Statement for the Prevention of Expulsion and Suspension in Delaware Early Childhood Programs,” that can be found on the “My Child DE” website;
23.1.15 Policies on positive behavior management, food and nutrition services as described in Section 21.0, safety and sanitation, physical activity, screen time, photographing or videotaping children, and transportin
d expulsion such as the “Best Practice Statement for the Prevention of Expulsion and Suspension in Delaware Early Childhood Programs,” that can be found on the “My Child DE” website;
23.1.15 Policies on positive behavior management, food and nutrition services as described in Section 21.0, safety and sanitation, physical activity, screen time, photographing or videotaping children, and transporting children, as applicable; and
23.1.16 A typical daily schedule of the center's programs and activities.
24 DE Reg. 267 (09/01/20)
STAFFING REQUIREMENTS AND QUALIFICATIONS
24.0 Staff Qualifications
24.1 A licensee shall ensure sufficient qualified staff members are hired and retained to meet the requirements of these regulations. A licensee shall ensure a copy of the qualifications certificate is kept in the staff member's file.
24.2 Staff members qualified by Delaware First, before the effective date of these regulations shall keep that qualification.
24.3 A licensee shall ensure each staff member without a qualifications certificate submits, within 60 days of hire, true and accurate documentation to Delaware First showing how the staff member is qualified for a position. OCCL shall determine what education, training, or experience is acceptable as an equivalent to meeting the stated qualifications. Credits from a regionally accredited college or university may be used as other equivalent training as accepted by OCCL or its designee.
24.3.1 If false qualifications documentation is submitted to OCCL or its designee, the applicant will be notified and will be unable to submit new or updated documentation for one year.
24.3.2 OCCL and its designee will only accept high school diplomas obtained through regionally accredited agencies. The secondary credential assessment, such as the GED® Test and alternatives, will only be accepted if the examination was completed through the American Council on Education or individual state-sanctioned agencies
nd will be unable to submit new or updated documentation for one year.
24.3.2 OCCL and its designee will only accept high school diplomas obtained through regionally accredited agencies. The secondary credential assessment, such as the GED® Test and alternatives, will only be accepted if the examination was completed through the American Council on Education or individual state-sanctioned agencies.
24.3.3 A licensee shall ensure high school diplomas or equivalents, college transcripts, or degrees from other countries used to verify education for a position are evaluated by an independent credentialing agency accepted by OCCL or its designee.
24.4 Supervised experience may be used for designated positions and will reduce the required experience by half.
24.4.1 To participate in supervised experience, a staff member shall demonstrate the ability to select and present developmentally-appropriate lessons, activities, and curriculum for individual children as well as for small and whole groups of children.
24.4.2 Demonstration must be observed and documented by an early childhood administrator or early childhood curriculum coordinator, each with a degree. Supervised experience for school-age positions may be observed and documented by a school-age administrator or school-age site coordinator.
24.4.3 Supervised experience may only be earned at a licensed center.
24.4.4 The process and forms used to document supervised experience are located on OCCL's website. OCCL's approval is needed before supervised experience begins.
24.5 Early Childhood Administrator
24.5.1 A licensee shall ensure that the early childhood administrator is at least 21 years old and meets the following education and experience qualifications:
24.5.2 An early childhood administrator without a degree, who formerly qualified as the program director at a center licensed before January 1, 2007, is able to serve as the early childhood administrator
.
24.5 Early Childhood Administrator
24.5.1 A licensee shall ensure that the early childhood administrator is at least 21 years old and meets the following education and experience qualifications:
24.5.2 An early childhood administrator without a degree, who formerly qualified as the program director at a center licensed before January 1, 2007, is able to serve as the early childhood administrator. To keep this qualification, this person must remain at that original center or may transfer only to a center licensed before January 1, 2007, that is owned by the same licensee. This center must have a qualified early childhood curriculum coordinator with at least an associate degree functioning in that role.
24.6 Early Childhood Curriculum Coordinator
24.6.1 A licensee shall ensure an early childhood curriculum coordinator is at least 20 years old and meets one of the following education and experience qualifications:
24.6.2 An early childhood curriculum coordinator without a degree may fill this position when the early childhood administrator is qualified with at least an associate degree.
24.7 Early Childhood Administrator or Early Childhood Curriculum Coordinator - Specialized Training
24.7.1 If the center serves infants or toddlers, a licensee shall ensure either the early childhood administrator or early childhood curriculum coordinator has successfully completed 15-clock-hours of accepted training in infant or toddler development and curriculum. The clock hours may be from college or university credits.
24.7.2 If the center serves school-age children, a licensee shall ensure either the early childhood administrator or early childhood curriculum coordinator has successfully completed 15-clock-hours of accepted training in school-age care. The clock hours may be from college or university credits. A center employing a school-age administrator who functions in that role is exempt from this requirement
.7.2 If the center serves school-age children, a licensee shall ensure either the early childhood administrator or early childhood curriculum coordinator has successfully completed 15-clock-hours of accepted training in school-age care. The clock hours may be from college or university credits. A center employing a school-age administrator who functions in that role is exempt from this requirement.
24.8 Early Childhood Teacher
24.8.1 A licensee shall ensure an early childhood teacher is at least 18 years old and meets one of the following education and experience qualifications:
24.9 Early Childhood Assistant Teacher
24.9.1 A licensee shall ensure an early childhood assistant teacher is at least 18 years old and meets the following education and experience qualifications:
24.10 Early Childhood Caregiver
24.10.1 A licensee shall ensure a staff member who formerly qualified as an early childhood caregiver at a specific center licensed before January 1, 2007, may continue to serve in that role.
24.10.2 To keep this qualification, a caregiver remains at that original center or transfers only to a center licensed before January 1, 2007, that is owned by the same licensee.
24.11 Early Childhood Intern
24.11.1 A licensee shall ensure an early childhood intern is at least 16 years old.
24.11.1.1 An early childhood intern may be 15 years old if attending a high school's early childhood education program and enrollment documentation is on file at the center.
24.11.1.2 An early childhood intern may count in the staff/child ratio.
24.11.1.3 An early childhood intern must always be under the direct observation of at least an early childhood assistant teacher or early childhood caregiver except as listed in subsection 24.11.3.
24.11.1.4 An early childhood intern must be at least four years older than any child in his or her direct care
file at the center.
24.11.1.2 An early childhood intern may count in the staff/child ratio.
24.11.1.3 An early childhood intern must always be under the direct observation of at least an early childhood assistant teacher or early childhood caregiver except as listed in subsection 24.11.3.
24.11.1.4 An early childhood intern must be at least four years older than any child in his or her direct care.
24.11.2 A licensee shall ensure an early childhood intern meets one of the following education qualifications:
24.11.2.1 Successful completion of at least 15-clock-hours of quality-assured training in early care and education;
24.11.2.2 Successful completion of at least three college or university credits from a regionally approved college or university in either child development or early childhood education; or
24.11.2.3 Successful completion of the education requirement for a higher position in these regulations.
24.11.3 While maintaining required ratios and group size, a qualified early childhood intern who is at least 18 years old may be alone with children when:
24.11.3.1 Walking children to or from a bathroom;
24.11.3.2 Walking children to or from receiving first aid treatment;
24.11.3.3 Walking children to or from a bus stop;
24.11.3.4 Walking children from one classroom or area to another within the center;
24.11.3.5 Supervising an ill child while waiting for pick-up by a parent/guardian; and
24.11.3.6 Supervising a group of napping children, ages one and older.
24.12 Early Childhood Aide
24.12.1 A licensee shall ensure an early childhood aide is at least 16 years of age.
24.12.2 An early childhood aide may be 15 years old if attending a high school's early childhood education program and enrollment documentation is on file at the center.
24.12.3 An early childhood aide must always be under the direct observation of at least an early childhood assistant teacher or early childhood caregiver.
24.12.4 An early childhood aide may not be alone with children
ears of age.
24.12.2 An early childhood aide may be 15 years old if attending a high school's early childhood education program and enrollment documentation is on file at the center.
24.12.3 An early childhood aide must always be under the direct observation of at least an early childhood assistant teacher or early childhood caregiver.
24.12.4 An early childhood aide may not be alone with children.
24.12.5 An early childhood aide must be at least four years older than any child in his or her direct care.
24.12.6 An early childhood aide will count in the staff/child ratio only during the first 12 months of employment at a single center or affiliated center.
24.12.7 An early childhood aide attending a high school's early childhood education program with enrollment documentation on file at the center may count in the staff/child ratio while enrolled in the high school program.
24 DE Reg. 267 (09/01/20)
25.0 Substitutes, Volunteers, and Contracted Special Services Persons
25.1 Substitutes
25.1.1 A licensee shall ensure a person may be a substitute at age 15 only if attending a high school's early childhood education program. A licensee shall ensure enrollment documentation is on file at the center.
25.1.2 A licensee shall have substitute staff members that are at least 16 years old. Documentation of their qualifications to fill a position during the absences of staff is required if alone with children.
25.1.3 Substitutes may count toward staff/child ratios for one year without being qualified as at least an early childhood intern.
25.1.4 A licensee shall ensure a substitute who is not qualified to be alone with children is under the direct observation of at least an early childhood assistant teacher, early childhood caregiver, or school-age site assistant at all times.
25.1.5 When the position of early childhood administrator or early childhood curriculum coordinator is vacant for 30 days or more, a substitute or person filling that role must be qualified for and function in the designated position
with children is under the direct observation of at least an early childhood assistant teacher, early childhood caregiver, or school-age site assistant at all times.
25.1.5 When the position of early childhood administrator or early childhood curriculum coordinator is vacant for 30 days or more, a substitute or person filling that role must be qualified for and function in the designated position.
25.1.6 As described in Section 30.0, a licensee shall ensure each substitute has a complete file.
25.1.7 Substitutes working less than 25 hours per week are exempt from having a professional development plan and completing annual training hours.
25.2 Volunteers
25.2.1 A licensee shall ensure a person may be a volunteer at age 15 only if attending a high school's early childhood education program. A licensee shall ensure enrollment documentation is on file at the center.
25.2.2 A licensee shall ensure volunteers are at least 16 years old if counted toward staff/child ratios. Volunteers may count toward staff/child ratios for one year without being qualified as at least an early childhood intern.
25.2.3 Volunteers providing unpaid services of less than five days or 40 hours a year are not required to have comprehensive background checks or a file and may never be alone with children.
25.2.4 A licensee shall ensure volunteers providing unpaid services of more than five days or 40 hours a year are fingerprinted by State Police before beginning to volunteer and complete a comprehensive background check as described in subsection 28.3. Volunteers who had a comprehensive background check and were determined eligible may be alone with children if qualified as at least an early childhood assistant teacher or school-age site assistant
unpaid services of more than five days or 40 hours a year are fingerprinted by State Police before beginning to volunteer and complete a comprehensive background check as described in subsection 28.3. Volunteers who had a comprehensive background check and were determined eligible may be alone with children if qualified as at least an early childhood assistant teacher or school-age site assistant.
25.2.5 A licensee shall ensure an on-site file is created for each volunteer who volunteers five days or 40 hours per year before the volunteer begins to volunteer that includes the following:
25.2.5.1 Personal data sheet, containing the person's name, date of birth, home address, and phone number;
25.2.5.2 Volunteer start date and end date (as applicable);
25.2.5.3 Qualifications certificate, if applicable;
25.2.5.4 Health appraisal that includes verification of the person's ability to perform essential job functions. This appraisal must include a TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff. This appraisal must be conducted within one year before a person's start date and submitted within the first month of volunteering. Written evidence of follow-up of any known health conditions of the volunteer that pose a direct threat to the health and safety of children or others and any reasonable accommodations that may be required
hreat of transmitting tuberculosis to children or other staff. This appraisal must be conducted within one year before a person's start date and submitted within the first month of volunteering. Written evidence of follow-up of any known health conditions of the volunteer that pose a direct threat to the health and safety of children or others and any reasonable accommodations that may be required. This documentation shall be provided to OCCL for the purposes of determining whether the health condition creates a significant risk to children;
25.2.5.5 Statement signed by the volunteer stating whether the volunteer has previous convictions, current indictments, or involvement in criminal activity involving violence against a person, child abuse or neglect; possession, sale or distribution of illegal drugs; sexual offense; gross irresponsibility or disregard for the safety of others; or a substantiated case of child abuse or neglect;
25.2.5.6 Verification of fingerprinting form completed before the adult volunteer's start date or within five days of a volunteer turning 18;
25.2.5.7 Comprehensive background check results;
25.2.5.8 Verification of adult abuse registry check;
25.2.5.9 Documentation acknowledging that using alcohol or a drug that could adversely affect job functions, or having illegal drugs or substances, or non-prescribed controlled substances, is prohibited at the center;
25.2.5.10 If transporting children, a copy of a current driver's license;
25.2.5.11 Written proof of an annual review of safe sleep procedures (for programs serving infants);
25.2.5.12 Written proof of an initial and annual review of child abuse and neglect recognition and reporting procedures;
25.2.5.13 Orientation form that includes documentation that the center's policies and procedures as applicable to assigned duties was reviewed; and
25.2.5.14 If counting toward staff/child ratios, a professional development plan and record of annual training hours as listed in subsections 33.2 and 33.3
of an initial and annual review of child abuse and neglect recognition and reporting procedures;
25.2.5.13 Orientation form that includes documentation that the center's policies and procedures as applicable to assigned duties was reviewed; and
25.2.5.14 If counting toward staff/child ratios, a professional development plan and record of annual training hours as listed in subsections 33.2 and 33.3.
25.2.6 Volunteers working as part of an institution of higher education's degree-granting program and assigned to a center may be present on a provisional basis after completing a State and federal fingerprint check for that center.
25.2.6.1 They must be supervised at all times. When eligibility is determined and if qualified as at least an early childhood assistant teacher or school-age site assistant, they may be alone with children.
25.2.6.2 When being fingerprinted, volunteers may list multiple centers on the consent form.
25.2.6.3 The fingerprint verifications for these students must be on file at the center.
25.2.6.4 A complete file is not required.
25.3 Contracted Special Services Persons
25.3.1 A licensee shall ensure individuals providing contracted special services (such as tutoring, computer education, and language lessons) who are not employees of the center are not alone with children, unless they complete a comprehensive background check for the center and are determined eligible. Documentation of eligibility must be on file at the center. Written parent/guardian permission is required for participation in the activity.
25.3.2 A staff file is not required for individuals described in subsection 25.3.1.
24 DE Reg. 267 (09/01/20)
26.0 Staffing
26.1 A licensee shall ensure the center has a qualified early childhood administrator who functions in that role.
26.2 A licensee shall ensure the center has a qualified early childhood curriculum coordinator who functions in that role
uired for participation in the activity.
25.3.2 A staff file is not required for individuals described in subsection 25.3.1.
24 DE Reg. 267 (09/01/20)
26.0 Staffing
26.1 A licensee shall ensure the center has a qualified early childhood administrator who functions in that role.
26.2 A licensee shall ensure the center has a qualified early childhood curriculum coordinator who functions in that role.
26.3 An early childhood administrator shall also be able to serve as the early childhood curriculum coordinator if the early childhood administrator has at least an associate degree and:
26.3.1 The center has a capacity of 60 or fewer children; or
26.3.2 The licensee has a written plan approved by OCCL that the center's human resources/personnel and fiscal duties are not the responsibility of the early childhood administrator. The written plan must identify the person/entity performing these duties and the qualifying factors regarding the person/entity. A change involving the person/entity performing these duties requires a new plan approved by OCCL.
26.4 A licensee shall ensure an early childhood administrator or early childhood curriculum coordinator is at the center at least 60% of the hours of operation and functioning in that role. The early childhood administrator shall be present at least 20 hours a week during the hours of operation.
26.4.1 When the early childhood administrator or early childhood curriculum coordinator is not present, a licensee shall ensure a staff member who is qualified as at least an early childhood teacher is present and designated as responsible for the center. This staff member must receive documented training in the emergency procedures, opening/closing procedures, the location of and access to child and staff files, and supervision of children and staff.
26.4.2 If an early childhood administrator is also serving as a curriculum coordinator for two centers, each with capacities of 60 or fewer children, this person must be at each center at least 50% of the hours of operation
receive documented training in the emergency procedures, opening/closing procedures, the location of and access to child and staff files, and supervision of children and staff.
26.4.2 If an early childhood administrator is also serving as a curriculum coordinator for two centers, each with capacities of 60 or fewer children, this person must be at each center at least 50% of the hours of operation.
26.5 A licensee shall follow a one-to-four ratio of early childhood teachers to early childhood assistant teachers, early childhood caregivers, early childhood interns, and early childhood aides as shown in the table below during hours of operation:
26.6 A licensee shall ensure a staff member with a valid administration of medication certificate is available at all times as described in subsection 63.1.
26.7 Staff members providing care for children may not be given other duties or participate in personal activities, such as using a cell phone that would interfere with providing care to children. A licensee shall ensure providing care is the primary focus for all direct-care staff members during the hours of operation and that supervision of each child is provided at all times.
24 DE Reg. 267 (09/01/20)
27.0 Ratios, Group Size, and Supervision
27.1 A licensee shall ensure supervision and direct observation of children is provided at all times. This supervision occurs through the assignment of qualified staff members who are physically present and working with children. The licensee shall maintain the minimum staff/child ratio, except as stated in subsection 27.5, and maximum group size for each age group as listed in the table below:
27.2 A licensee shall maintain the staff/child ratio for infants at all times. A staff member shall be assigned to care for specific infants and toddlers within his or her group.
27.3 For mixed age groups, the staff/child ratio and group size requirements are for the age of the youngest child present
stated in subsection 27.5, and maximum group size for each age group as listed in the table below:
27.2 A licensee shall maintain the staff/child ratio for infants at all times. A staff member shall be assigned to care for specific infants and toddlers within his or her group.
27.3 For mixed age groups, the staff/child ratio and group size requirements are for the age of the youngest child present.
27.4 Maximum group size does not have to be maintained when 12 or fewer children are present in the center.
27.5 During nap times when children one year and older are sleeping, a licensee shall ensure at least half of the required staff members are present and directly observing the children.
27.5.1 A staff member may not sit between multiple classrooms or areas and monitor groups of napping children.
27.5.2 Maximum group size must be maintained.
27.6 A licensee shall ensure a staff member who is qualified as at least an early childhood teacher is present at all times during the hours of operation. A licensee shall have at least two staff present when seven or more children one year and older are present. The licensee shall have and follow emergency procedures providing immediate access to emergency services and an additional staff when only one staff member is present with children.
27.7 A licensee shall ensure infants and toddlers are cared for in rooms and outdoor play areas separate from older children except in the following situations:
27.7.1 When 12 or fewer children in total are present;
27.7.2 During the first 90 minutes and last 90 minutes of the hours of operation;
27.7.3 When toddlers turn three years old and remain with their classes until new classrooms are assigned; or
27.7.4 During special events or occasions.
27.8 A licensee shall ensure when 10 or more school-age children are present, the school-age children are cared for in an area physically separated from younger children
.2 During the first 90 minutes and last 90 minutes of the hours of operation;
27.7.3 When toddlers turn three years old and remain with their classes until new classrooms are assigned; or
27.7.4 During special events or occasions.
27.8 A licensee shall ensure when 10 or more school-age children are present, the school-age children are cared for in an area physically separated from younger children.
28.0 General Qualifications
28.1 A licensee shall ensure each staff member has an understanding of and respect for children and their needs. This includes an understanding of and respect for a child's family and culture.
28.2 A licensee shall ensure using alcohol or a drug that could adversely affect job functions, or having illegal drugs, substances, or a non-prescribed controlled substance is prohibited in the workplace.
28.3 A licensee shall ensure a staff member schedules a fingerprinting appointment with Delaware State Police and is fingerprinted for a Delaware SBI and FBI check before the start of employment.
28.3.1 Staff members shall provide the fingerprint verification form to the licensee before working with children.
28.3.2 In addition to the Delaware fingerprinting, staff members who currently reside outside of Delaware must contact their state of residence and complete a fingerprinted state criminal history search and a name- based child abuse and neglect search.
28.3.3 Staff members who have resided outside of Delaware in the last five years shall contact each state of residence, and request a criminal history search and a name-based child abuse and neglect search.
28.3.4 After the out-of-state searches are completed, the early childhood or school-age administrator shall submit the results immediately to the Criminal History Unit (CHU).
28.3.5 While waiting for the results of the background check, a staff member must be supervised at all times by a person who has completed the background check process and been determined eligible
ld abuse and neglect search.
28.3.4 After the out-of-state searches are completed, the early childhood or school-age administrator shall submit the results immediately to the Criminal History Unit (CHU).
28.3.5 While waiting for the results of the background check, a staff member must be supervised at all times by a person who has completed the background check process and been determined eligible.
28.3.6 A staff member may not be alone with children until CHU reviews the comprehensive background check and determines eligibility.
28.3.7 A licensee shall ensure results of all record checks are placed in the staff member's file.
28.4 A licensee shall complete an adult abuse registry check through the Department of Health and Social Services' website (currently listed as http:dhss.delaware.gov/dhss/dltcrp/Default.aspx ) for staff members before their start date. A licensee shall ensure the results are printed and placed in the staff member's file.
28.5 A licensee may not own or be employed at a center if the licensee is prohibited from working in child care in Delaware, based on both State law and the federal Child Care Development Block Grant Act. Applicants and licensees who have a child or children currently or permanently removed from their custody because of abuse, neglect, or dependency are prohibited from providing child care.
28.5.1 A licensee shall comply with the DELACARE Regulations - Background Checks For Child-Serving Entities.
28.5.2 A licensee may not employ or retain a person who is prohibited from working in child care in Delaware based on both the State law and the federal Child Care Development Block Grant Act. If a person is determined ineligible, the licensee shall make the final determination on whether to hire or retain the person.
28.5.3 The licensee may not employ or retain in any capacity a person convicted of an offense defined as child sexual abuse in 11 Del.C. §8550 ; or who is on the Child Protection Registry at a Level III or Level IV
aw and the federal Child Care Development Block Grant Act. If a person is determined ineligible, the licensee shall make the final determination on whether to hire or retain the person.
28.5.3 The licensee may not employ or retain in any capacity a person convicted of an offense defined as child sexual abuse in 11 Del.C. §8550 ; or who is on the Child Protection Registry at a Level III or Level IV.
28.5.4 When known, the licensee may not employ or retain in any capacity a person whose child or children are currently removed from this person's custody because of abuse or neglect.
28.5.5 After receiving an eligibility determination, a person who is determined ineligible or prohibited under the DELACARE Regulations - Background Checks for Child Serving Entities, is entitled to an administrative review for reconsideration.
28.5.5.1 If the person requests an administrative review, the licensee and the person shall be bound by the final eligibility decision of the administrative review.
28.5.5.2 If a person is determined ineligible, the licensee shall make the final determination on whether to hire or retain the person.
28.5.5.3 If a person is determined prohibited, the person may not work in child care.
28.6 A licensee shall require staff members to be truthful when providing information to parents/guardians and OCCL.
24 DE Reg. 267 (09/01/20)
29.0 Adult Health Requirements
A licensee shall ensure a staff member with a known contagious communicable disease does not provide personal care to or have direct contact with children. A licensee shall inform DPH of a reportable communicable disease. Information regarding the communicable diseases that require reporting may be located on DPH's website (currently listed as http://dhss.delaware.gov/dph/dpc/rptdisease.html ). Attendance of staff shall be under DPH's direction.
30.0 Personnel Files
30.1 A licensee shall have an on-site confidential paper or accessible electronic file for each staff member and substitute
table communicable disease. Information regarding the communicable diseases that require reporting may be located on DPH's website (currently listed as http://dhss.delaware.gov/dph/dpc/rptdisease.html ). Attendance of staff shall be under DPH's direction.
30.0 Personnel Files
30.1 A licensee shall have an on-site confidential paper or accessible electronic file for each staff member and substitute. This file must be available upon request for at least three months after employment ends. Except as noted, all file contents are required at the start of employment and must include the following:
30.1.1 Personal data sheet, completed application, or résumé containing the person's name, date of birth, home address, and phone number;
30.1.2 Date of employment and termination date (as applicable);
30.1.3 Two references from adults who are not related to the person who can verify the person is of good character and can meet the needs of children. These references can be letters or written notes gathered by calling the reference. Phone references require the reference's name, phone number, date called, information about the staff member's character and if the reference has knowledge about how the person works with children, and the name of the person receiving the reference;
30.1.4 Release of employment history form and received Service Letters or documentation showing two requests and follow-up for Service Letters has been made
references require the reference's name, phone number, date called, information about the staff member's character and if the reference has knowledge about how the person works with children, and the name of the person receiving the reference;
30.1.4 Release of employment history form and received Service Letters or documentation showing two requests and follow-up for Service Letters has been made. If the person has not worked or if unable to get at least one completed Service Letter, two additional reference letters or phone references are required;
30.1.5 Statement signed by the staff member stating whether the staff member has previous convictions, current indictments, or involvement in criminal activity involving violence against a person, child abuse or neglect; possession, sale or distribution of illegal drugs; sexual offense; gross irresponsibility or disregard for the safety of others; or a substantiated case of child abuse or neglect;
30.1.6 Documentation acknowledging that using alcohol or a drug that could adversely affect job functions, or having illegal drugs, substances, or non-prescribed controlled substances, is prohibited in the center;
30.1.7 Orientation form that includes documentation of training in topics as listed in Section 32.0;
30.1.8 Copy of job description;
30.1.9 Verification of fingerprinting form completed before the adult staff member's start date or within five days of a staff member turning 18;
30.1.10 Comprehensive background check eligibility letter;
30.1.11 Adult abuse registry check;
30.1.12 Health appraisal on file within the first month of employment, conducted within one year before the start date. This appraisal must confirm the individual's health and document medical or physical conditions that may limit the person's ability to perform child care or have direct access to children and any reasonable accommodations that may be required
;
30.1.11 Adult abuse registry check;
30.1.12 Health appraisal on file within the first month of employment, conducted within one year before the start date. This appraisal must confirm the individual's health and document medical or physical conditions that may limit the person's ability to perform child care or have direct access to children and any reasonable accommodations that may be required. Written evidence of follow-up of any known health condition of the staff member that pose a direct threat to the health and safety of children or others and any reasonable accommodations that may be required. This documentation shall be provided to OCCL for the purposes of determining whether the health condition creates a significant risk to child

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_DE_ADC_T14_933. Check the current official text before relying on it. Not legal advice.