14 DE Admin. Code 935. DELACARE: Regulations for Residential Child Care Facilities and Day Treatment Programs

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Delaware Administrative Code › Title 14 Education › 900 Special Populations › 14 DE Admin. Code 935

This text was captured on Aug 14, 2026. It is a snapshot, not a live feed, so check the official code before relying on it.

Text

Ages of Children | Ratio of Number of Toilets to Number of Children1, 2

Under age 5 | 1:10

Over age 5 | 1:25

1 Urinals may be counted as half of a toilet, if placed at an accessible height to the population served, as long as the population served includes a significant number of males, and that a minimum of 2 flush toilets are available and accessible to both males and females.

2 Staff shall be counted in the over age 5 ratio when determining the number of toilets if the program does not provide separate toilet facilities for staff.

Age of Child | Minimum Direct Care Worker to Child Ratio

0-5 | 1:4

6-12 | 1:6

13+ | 1:10

1.0 Legal Basis

The legal basis for these licensing regulations is in 14 Del.C. §§3001A-3005A .

2.0 Purpose

The purpose of these regulations is to protect the health, safety, and well-being of children who are placed in residential child care facilities or who are enrolled in day treatment programs. These regulations establish minimum standards for these facilities and programs set forth by the Office of Child Care Licensing (known hereafter as OCCL).

3.0 Definition of Terms

The following words and terms, when used in this regulation, have the following meaning:

" Agreement of understanding " means a contract between OCCL and the licensee by which the licensee agrees to specific terms to maintain licensure.

" Applicant " means the person or entity, such as a company, corporation, business, organization, or agency, that is applying for initial licensure or license renewal of a residential child care facility or day treatment program.

" Behavior supports " means the techniques used by a licensee or staff to help a child achieve positive behavior and to address and correct inappropriate behavior in a constructive and safe manner. The methods used must be in accordance with written policies and procedures governing program expectations, child and staff safety, and the child's service plan

d care facility or day treatment program.

" Business day " means a weekday Monday through Friday, not including State of Delaware or DOE legal holidays that fall on a weekday.

" Case manager " means a person designated by a licensee who works directly with children, their families, and other relevant individuals and who is primarily responsible for the development, implementation, and review of service plans for the child. This person also works to coordinate care and services to individuals and families.

" Chemical restraint " means the involuntary emergency administration of medication in immediate response to a dangerous behavior.

" Chief administrator " means the person designated by a licensee as having day-to-day responsibility for the overall administration and operation of a facility or program and for assuring the care, treatment, safety, and protection of children.

" Child " means a person who has not reached the age of 18 years or a person who becomes 18 while residing in the facility or participating in the program, who has not reached the age of 22. Child also includes a person enrolled in a State public school or receiving an approved extension to remain in care.

" Child abuse " means to cause or inflict sexual abuse on a child less than 18 years of age; 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 sexual abuse " means an act against a child less than 18 years of age that is described as a sexual offense or child exploitation as defined in 11 Del.C

age; 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 sexual abuse " means an act against a child less than 18 years of age that is described as a sexual offense or child exploitation as defined in 11 Del.C. §8550(2) .

" CHU " means the Criminal History Unit in the Department of Services for Children, Youth and Their Families.

" Complaint investigation " means the process followed by OCCL to investigate accusations that a licensee does not comply with these regulations or applicable laws.

" Conference " means a meeting between OCCL and a licensee, chief administrator, or designated representative 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.

" Denia l" means an enforcement action initiated by OCCL to refuse to grant a license after OCCL receives an application. This constitutes refusal of permission to operate.

" Department " means the Department of Education.

" Designated representative " means the person who has been assigned by the applicant or licensee to act on the applicant's or licensee's behalf and granted authority over program operations and to represent the applicant or licensee in dealings with OCCL. This person may sign the application with written authorization from the applicant or licensee.

" Direct care supervisor " means a person assigned responsibility by a licensee for the supervision of direct care workers. A case manager may also serve as a direct care supervisor

e's behalf and granted authority over program operations and to represent the applicant or licensee in dealings with OCCL. This person may sign the application with written authorization from the applicant or licensee.

" Direct care supervisor " means a person assigned responsibility by a licensee for the supervision of direct care workers. A case manager may also serve as a direct care supervisor.

" Direct care worker " means a person designated by a licensee to provide direct care and supervision of children as described in the facility or program's policies.

" Director " means the person responsible for the supervision and administration of OCCL.

" DFS " means the Division of Family Services within the Department of Services for Children, Youth and Their Families.

" DPH " means the Division of Public Health.

" DSCYF " means the Department of Services for Children, Youth and Their Families.

" Enforcement action " means an action taken by OCCL to promote compliance. Enforcement actions are warning of probation, probation, suspension, revocation, and denial.

" Facility " means a residential child care facility.

" 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.

" License " means a document issued by OCCL allowing a person or entity to operate a residential facility or day treatment program after demonstrating compliance with these regulations and applicable State laws.

" Licensee " means the person or entity, such as a company, corporation, business, organization, or agency, which has the legal responsibility and authority to operate a residential child care facility or day treatment program

OCCL allowing a person or entity to operate a residential facility or day treatment program after demonstrating compliance with these regulations and applicable State laws.

" 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 performing supervisory and 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.

" Living unit " means a designated area or space in which a group of children resides or receives care.

" Neglect " means the failure to provide, by those responsible for the care, custody, and control of a child less than 18 years of age, 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 .

" 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.

" Parent " means a birth or adoptive parent, legal guardian, or other person having responsibility for, or legal custody, of a child. The term "parent" does not include the referring agency

gency 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.

" Parent " means a birth or adoptive parent, legal guardian, or other person having responsibility for, or legal custody, of a child. The term "parent" does not include the referring agency.

" Physical escort " means a temporary touching or holding, without the use of force, of the hand, wrist, arm, shoulder, or back for the purpose of encouraging a child who is agitated to walk to a safe location.

" Physical restraint " means the non-punitive, age-appropriate, time-limited, and reasonable use of physical holding that is required to restrict the movement of a child for the purpose of preventing harm to the child or to others when the child fails to respond to other techniques.

" Plan review " means the document submitted to OCCL by an applicant requesting approval to open a new facility or program or by a licensee for an expansion or renovation of a licensed facility's or program's indoor or outdoor space to ensure compliance with these regulations.

" Positive reinforcement " means an action that when systematically and regularly used following the desired behavior of a child, makes it more likely that the desired behavior will recur.

" Probation " means an enforcement action initiated by OCCL due to the residential child care facility's or day treatment program's serious non-compliance with these regulations. This action directs the licensee to correct non-compliance and maintain compliance or face revocation or denial.

" Program " means a day treatment program.

" Provisional license " means a license issued for a time-limited period under a corrective action plan when a licensee is temporarily unable to comply fully with these regulations. There can be no serious risk to the health, safety, and well-being of children. An extension to the provisional license requires the director's approval

revocation or denial.

" Program " means a day treatment program.

" Psychotropic medication " means a chemical substance that changes brain function and alters perception, mood, or consciousness.

" Referring agency " means an organization, either publicly or privately operated, that is legally authorized to place a child in a facility or to refer a child to a program.

" Revocation " means an enforcement action initiated by OCCL to rescind a license during the license's effective dates withdrawing permission to operate.

" Seclusion " means the involuntary confinement of a child, age 6 or older, alone in a room or area from which the child is physically prevented leaving due to the child's behavior. This is a time-limited restrictive procedure that typically involves a child being removed from the child's environment by using a physical restraint or physical escort, placing the child in a locked or unlocked room under constant monitoring, and preventing the child from getting out.

" Serious non-compliance " means an action or actions that violate these regulations and presents a significant risk to children

limited restrictive procedure that typically involves a child being removed from the child's environment by using a physical restraint or physical escort, placing the child in a locked or unlocked room under constant monitoring, and preventing the child from getting out.

" Serious non-compliance " means an action or actions that violate these regulations and presents a significant risk to children. Serious non-compliance includes 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 staff-to-child ratios, inappropriate adult behavior, lack of supervision, medication errors, being sanctioned by another agency, providing transportation in an unsafe manner, being under the influence of drugs or alcohol, leaving unqualified staff alone with children, failing to complete background checks as required, having an unsafe building or environment, refusing to sign an agreement of understanding, or failing to comply with a signed agreement of understanding.

" Service letter " means a letter 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 the person's violent behavior or threat of violence in the workplace, or for abuse, negligence, or neglect of patients, clients, residents, or children.

" Service plan" means a written, prescribed plan that specifies the basis for a child's admission to a facility or program, the techniques to be used to address a child's treatment needs, and goals for family reunification or permanency planning. This plan must identify the people responsible for developing and implementing the plan and the time frames for carrying out the plan while the child resides in the facility or participates in the program

at specifies the basis for a child's admission to a facility or program, the techniques to be used to address a child's treatment needs, and goals for family reunification or permanency planning. This plan must identify the people responsible for developing and implementing the plan and the time frames for carrying out the plan while the child resides in the facility or participates in the program.

" Staff member " means any person who is employed by a licensee or any person under contract with a licensee excluding any vendors that do not provide direct care to children.

" Supervision of children " means staff members are physically present in the facility on the same floor level as children and monitoring the children's whereabouts to ensure timely attention to children's actions and needs.

" 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.

" Teacher " means a person designated by a licensee to provide direct education services to children.

" Time-out " means the time-limited removal of a child from the child's immediate environment or the time-limited prohibition of a child to participate in an activity, as listed in Section 17.0.

" Trauma-informed care " means a facility or program's structure and treatment framework is grounded in an understanding of and responsiveness to the impact of trauma, that emphasizes physical, psychological, and emotional safety for the child, and that creates opportunities for the child to rebuild a sense of control and empowerment.

" Treatment plan " means a written plan of services included in the service plan to meet the specific treatment goals and needs of a child. The plan includes various services designed, developed, and implemented by a licensee to assist the needs of a child concerning education, health, medical, psychological, social, or other needs

ities for the child to rebuild a sense of control and empowerment.

" 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 facility or program. The term "volunteer" shall include student interns.

" Warning of probation " means an enforcement action initiated by OCCL because the facility or program was cited for serious non-compliance. This action directs the licensee to correct non-compliance and maintain compliance or face probation or other enforcement action.

4.0 Definition of Regulated Services

4.1 An individual, corporation, LLC, organization, entity, program, or agency may not operate a residential child care facility or day treatment program or provide child care services as defined in these regulations unless under state ownership and control or issued a license by OCCL. Anyone who operates a facility or program without a license violates 14 Del.C. §§3001A-3005A , The Delaware Child Care Act, and shall be fined not more than $1000 or imprisoned not more than 6 months, or both.

4.2 Licensed residential child care facilities shall meet the provisions of Sections 3.0 through 54.0, and, if applicable, the specific provisions for the service type a licensee wishes to operate. The facility and program requirements for licensees are:

4.2.1 A licensee operating an alternative to detention facility shall also meet the provisions of Sections 55.0 through 56.0

n 6 months, or both.

4.2.1 A licensee operating an alternative to detention facility shall also meet the provisions of Sections 55.0 through 56.0.

4.2.2 A licensee operating a drug and alcohol treatment facility shall also meet the provisions of Sections 58.0 and 59.0.

4.2.3 A licensee operating an independent living facility shall also meet the provisions of Sections 60.0 through 64.0.

4.2.4 A licensee operating a parenting adolescent facility shall also meet the provisions of Sections 66.0 through 75.0.

4.2.5 A licensee operating a shelter care facility shall also meet the provisions of Sections 77.0 and 78.0.

4.2.6 A licensee operating a wilderness adventure facility shall also meet the provisions of Sections 80.0 and 86.0.

4.2.7 A licensee operating a day treatment program shall meet the provisions of Sections 3.0 through Section 48.0 and Sections 82.0 through 92.0.

4.2.8 A licensee using restrictive procedures shall meet the provisions of Section 93.0.

4.3 " Residential child care facility " or " residential facility " means a facility that provides out-of-home, 24-hour care, protection, and supervision for children who have: behavioral dysfunctions; developmental, emotional, mental or physical impairments; or chemical dependencies. Children may also reside in a residential facility when they are in the Department of Services for Children, Youth and Their Families' Division of Family Service's custody, pregnant or have children, awaiting a court appearance, needing temporary living arrangements, or are preparing to live on their own. A psychiatric hospital or an approved foster home is not a residential facility

dependencies. Children may also reside in a residential facility when they are in the Department of Services for Children, Youth and Their Families' Division of Family Service's custody, pregnant or have children, awaiting a court appearance, needing temporary living arrangements, or are preparing to live on their own. A psychiatric hospital or an approved foster home is not a residential facility.

4.4 Residential child care facilities may also include specific service types, after the facility meets the additional provisions listed in these regulations. The specific service types are:

4.4.1 " Alternative to detention " means a facility for adolescents awaiting a court appearance;

4.4.2 " Drug and alcohol treatment " means a facility that provides care and treatment for children addicted to drugs or alcohol that strives to end the addiction;

4.4.3 " Independent living " means a facility that provides care for 12 or fewer adolescents to prepare them to live as self-sufficient adults;

4.4.4 " Parenting adolescent " means a facility for pregnant adolescents or adolescents caring for their own child or children;

4.4.5 “ Shelter care " means a facility that provides temporary or emergency care for children for 45 days or less, unless meeting the extension requirements of Section 78.0; and

4.4.6 " Wilderness adventure " means a facility whose primary purpose is to engage children in camping and a course of activities to help them learn and develop a sense of social responsibility, self-worth, and problem solving. Children camp for more than 5 days and may travel through 1 or more states. The activities may involve strenuous exercise or physical exertion, such as high rope challenge courses, wilderness trekking, rock climbing, and rappelling.

4.5 " Day treatment program " means a program that provides highly structured, intensive, non-residential services for less than 24 hours each day to children who have: behavioral dysfunctions; developmental, emotional, mental or physical impairments; or chemical dependencies

ous exercise or physical exertion, such as high rope challenge courses, wilderness trekking, rock climbing, and rappelling.

4.6 Licensed residential facilities operating an educational program for residents and day students shall be exempt from day treatment program requirements when more than 50% of the students are residents of the facility.

5.0 Authority to Inspect

5.1 Applicants, licensees, staff members, and volunteers if applicable shall allow access to the facility or program to officials from OCCL and other State and local agencies during the hours of operation to determine compliance with applicable codes, regulations, or laws. This includes access to information, files, documents, and video recordings needed to determine compliance.

5.2 Applicants, licensees, staff members, and volunteers if applicable, shall allow and not hinder the interviewing of an applicant, licensee, staff member, volunteer, resident, child in care, or child's parent 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 DSCYF.

6.0 License Requirements

6.1 To operate a facility or program, OCCL must issue a license for the site address listed on the application. The license is valid at this address only. A new license is required before a facility or program may provide services at a new address. See Section 10.0 for relocations. A licensee may use 1 license for multiple buildings at the same site address or choose to have each building licensed individually

e a facility or program, OCCL must issue a license for the site address listed on the application. The license is valid at this address only. A new license is required before a facility or program may provide services at a new address. See Section 10.0 for relocations. A licensee may use 1 license for multiple buildings at the same site address or choose to have each building licensed individually.

6.2 A license remains the property of OCCL and is not transferable or subject to sale.

6.3 A licensee shall post the license where it is visible to the public.

6.4 A license shall state the maximum number of children who may be served in the facility or program at 1 time.

6.5 When a facility or program is sold, closes, or relocates, or when the license has been suspended, revoked, or expires, the license immediately becomes void.

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 to learn the application process and regulations or 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 including: For corporations, contact information for board president; and for LLCs, contact information for managing member;

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 staff); 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

rmation (including ages of children to be served);

7.1.2.5 Staffing information (including names of proposed staff); 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 facility or program;

7.1.3.2 Plan review including an emergency plan;

7.1.3.3 Sample 2-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 or sale will be entered into at a date prior to licensure of the facility or program. An actual deed or lease is required before the pre-licensing visit is conducted;

7.1.3.6 Fire marshal plan review approval and inspection approval from the 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 or 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 34.2, if the facility 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 5 years

g Water for well water;

7.1.3.8 Lead-paint risk assessment and requirements of subsection 34.2, if the facility was built before 1978;

7.1.3.10 Background checks, as described in subsection 18.3, for the applicant and designated representative;

7.1.3.11 If an applicant will be present at the facility or program, an applicant's health appraisal must contain a tuberculosis (TB) test or medical professional risk assessment that verifies the person does not pose a threat of transmitting TB to children or other staff, and was conducted within 1 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 Description of services as described in Section 16.0;

7.1.3.13 Policies and procedures manual as described in Section 17.0;

7.1.3.14 Staff handbook;

7.1.3.15 Evidence showing each room used for care is free of radon hazards using the Environmental Protection Agency's (EPA) 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

erty 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.

7.1.3.16 Certification of indoor air quality or air quality testing, if applicable;

7.1.3.17 Documentation showing staff meet the qualifications for chief administrator and case manager due by pre-licensing visit;

7.1.3.18 Certificate of comprehensive liability insurance due by pre-licensing visit; and

7.1.3.19 State business license or documentation of tax-exempt status.

7.2 Upon receipt of the completed application and required information, a licensing specialist will:

7.2.1 Review the application and information, and conduct a pre-licensing visit to 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 6-month initial provisional license; and

7.2.3 Notify the applicant as stated in subsection 13.4.2, if an initial provisional license to operate is denied.

7.3 A licensing specialist shall conduct a compliance review at the facility or program 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. If full compliance is obtained, this annual license will be valid for 6 months

al provisional license to operate is denied.

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 current certificate of comprehensive general liability insurance;

8.1.2 A current certificate of motor vehicle insurance, if applicable; and

8.1.3 A copy of the current State business license unless documentation showing tax-exempt status had been previously submitted.

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 If a license expires before a licensee applies for renewal, the licensee must cease conducting child care. Failure to cease conducting child care may be penalized in accordance with 14 Del.C. §3005A .

8.5 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.

8.6 A licensing specialist or licensing supervisor shall verify during an announced annual compliance review that the licensee complies with these regulations.

8.6.1 A licensee found to be non-compliant with the regulations will be cited and given a corrective action plan. If on an enforcement action at the time of license renewal, the licensee may face license denial if the licensee has been unable to achieve or maintain compliance with these regulations during the enforcement period

l compliance review that the licensee complies with these regulations.

8.6.2 Within 5 business 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.

8.6.2.1 A licensee may provide evidence that the facility was wrongly cited.

8.6.2.2 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.

8.6.2.3 The supervisor will inform the licensee of the decision in writing.

8.7 OCCL will issue 1 of the following types of licenses:

8.7.1 An annual license for 12 months when the licensee is in full compliance with the regulations;

8.7.2 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

8.7.3 A license extension when compliance has not been determined through no fault of the licensee.

9.0 Changes Affecting a License

9.1 A licensee shall submit a new application and receive approval before changing the facility's or program's name. After receiving approval, the licensee shall submit a business license and proof of comprehensive general liability insurance with the new name before OCCL issues a new license.

9.2 A licensee shall submit a new application to request a change in the type of authorized regulated service

A licensee shall submit a new application and receive approval before changing the facility's or program's name. After receiving approval, the licensee shall submit a business license and proof of comprehensive general liability insurance with the new name before OCCL issues a new license.

9.2 A licensee shall submit a new application to request a change in the type of authorized regulated service.

9.3 A licensee shall submit a revised plan review and receive approval before changing the ages of children served to include infants and toddlers;

9.3.1 Making additions or renovations to the indoor areas, outdoor areas, or classrooms of the facility or program; or

9.3.2 Changing meal services provided.

9.4 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.

9.5 A licensee and prospective licensee shall follow the procedures in subsection 14.7.1 in preparation for the sale of the facility or program.

10.0 Relocation of a Facility or Program

10.1 A licensee planning to relocate shall notify OCCL at least 90 days before a planned relocation of a facility or program. A licensee shall complete a Relocation Application (see Appendix II) and submit the following information for the new location to OCCL before a licensing specialist conducts a compliance review:

10.1.1 Blueprints or diagrams of the facility or program;

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 facility or program or if located in a school, permission to use an area or classroom;

10.1.4 Fire marshal plan review approval and inspection approval for the facility or program;

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

ssion to use an area or classroom;

10.1.4 Fire marshal plan review approval and inspection approval for the facility or program;

10.1.6 Certification of indoor air quality or air quality testing, if applicable;

10.1.7 Evidence showing each room used for care to be free of radon hazards and mitigation if necessary, as stated in subsection 34.3;

10.1.8 State business license showing new site address;

10.1.9 Certificate of current comprehensive general liability insurance; and

10.1.10 Lead-paint risk assessment and requirements of subsection 34.2, if the building was built before 1978.

10.2 A licensee may not provide services at the new location until OCCL issues a license for the new address.

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 written approval.

11.2 To request a variance, the applicant or licensee shall complete a variance request form (see Appendix III) describing how the applicant or licensee will meet the intent of a specific regulation in a different way from the way the regulation states. The change may not endanger the health, safety, or well-being of children in care.

11.3 OCCL's director or designee will approve or deny applicant or licensee's variance request in writing after receipt of the variance request.

11.4 The licensee shall keep the variance approval and make it available upon request. A variance is valid only for this licensee. If the licensee fails to comply with the variance, OCCL will withdraw the variance approval and require the licensee to comply as the regulation states

ignee will approve or deny applicant or licensee's variance request in writing after receipt of the variance request.

11.5 A variance denial or withdrawal of approval may be appealed by requesting a conference with the Associate Secretary of Early Childhood Support within 5 business days of receiving the denial or withdrawal.

11.5.1 The conference shall be scheduled within 10 business days.

11.5.2 The decision of the Associate Secretary of Early Childhood Support is final.

12.0 Complaints

12.1 OCCL shall investigate when a complaint is received regarding a possible violation of these regulations.

12.2 OCCL shall conduct an unannounced visit to investigate the complaint and notify the licensee or staff member that a complaint is being investigated at that unannounced visit.

12.3 OCCL shall provide the licensee with a written complaint report containing the results of the investigation.

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.

12.5 Within 5 business 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.

12.5.1 A licensee may provide evidence that the facility was wrongly cited.

12.5.2 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.

12.5.3 The supervisor will inform the licensee of the decision in writing

ussing the citations over the phone.

12.5.1 A licensee may provide evidence that the facility was wrongly cited.

12.5.3 The supervisor will inform the licensee of the decision in writing.

12.6 Complaints relating specifically to laws, rules, or regulations of other governmental entities (including the Americans with Disabilities Act and Delaware Equal Accommodations Law) may be investigated by OCCL if the violation of those laws, rules, or regulations also constitutes a violation of DELACARE Regulations. OCCL may refer these complaints 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 may coordinate investigation with those other entities. OCCL may adopt another enforcement entity's findings as the basis for an OCCL enforcement action.

12.7 DSCYF's Institutional Abuse Unit or law enforcement may investigate if they receive a complaint regarding the abuse or neglect of a child while at the facility or program.

13.0 Enforcement Actions

13.1 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 Enforcement actions are warning of probation, probation, suspension, revocation, and denial of a license application.

13.1.2 OCCL may be initiate an enforcement action when a licensee fails to comply with a corrective action plan, fails to sign an agreement of understanding, fails to comply with a signed agreement of understanding, or has been cited for serious non-compliance

cement action.

13.1.1 Enforcement actions are warning of probation, probation, suspension, revocation, and denial of a license application.

13.1.3 A licensee may dispute an enforcement action by requesting a hearing within 10 business days of notification of OCCL's decision to impose the action.

13.1.3.1 This dispute request must be submitted in writing.

13.1.3.2 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 suspension order, the licensee may choose to close permanently, remain suspended until the reason for the suspension has been corrected, or remain suspended and make a written request for a hearing. If a hearing is requested, the license will remain suspended until the Secretary of the Department of Education's decision becomes effective.

13.2.3 A hearing must be scheduled 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

ecretary of the Department of Education's decision becomes effective.

13.2.3 A hearing must be scheduled 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 Within 5 business days of the suspension hearing, the hearing officer shall issue recommendations to the Secretary of the Department of Education in accordance with 14 Del.C. §3004A . The Secretary of the Department of Education shall accept, deny, or accept in part, and deny in part the recommendations of the hearing officer in the case and issue a final decision within 10 business days of the date of the recommendations.

13.2.3.4 The licensee will be notified in writing of the decision of the Secretary of the Department of Education. 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 An appeal may be filed in the Delaware Superior Court in the county where the facility or program 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 of the Department of Education will remain in place during the appeal process unless otherwise ordered by the court.

13.3 Warning of Probation or Probation

13.3.1 OCCL may place a facility or program on warning of probation or probation when serious non-compliance is cited

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 of the Department of Education will remain in place during the appeal process unless otherwise ordered by the court.

13.3 Warning of Probation or Probation

13.3.1 OCCL may place a facility or program 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 facility or program 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 6 months and may be extended. Probation may initially last up to 1 year and may be extended.

13.3.2 Within 10 business days of receiving the written notice, the licensee may submit a written request for a hearing. Failure to request a hearing means the licensee accepts 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 director or designee 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

e 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 non-compliant with the regulations will be cited and given a corrective action plan.

13.3.5.2.1 Within 5 business 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.

13.3.5.2.4 The supervisor will inform the licensee of the decision in writing.

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 facility or program on an enforcement action

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.

13.4 Denial of a License Application or Revocation

13.4.1 OCCL may deny a license application or revoke a license for good cause, including 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 a license;

13.4.1.3 Fraud or misrepresentation in obtaining a license or in the subsequent operation of the facility or program;

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 facility or program 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 chief administrator to operate a facility.

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 the program or facility within the time stated in the notice

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.

13.4.2.2 If an applicant or licensee does not make a timely request for a hearing within 10 business days of receiving the written notice, 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.

13.4.5 After a hearing officer makes a recommendation, the Secretary of the Department of Education 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 facility is located, by filing the appeal in the Office of the Prothonotary for the Superior Court

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 facility 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 of the Department of Education 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 may not apply for a license from OCCL for 3 years from the date that the revocation or denial was upheld.

14.0 Notification

14.1 A licensee shall immediately call OCCL and speak to a licensing specialist Monday-Friday between 8:00 AM and 4:30 PM, if a child dies or attempts suicide at the facility or program. Leaving a message is not acceptable. If the death or suicide attempt occurs after business hours, a licensee shall immediately call the 24-Hour Child Abuse and Neglect Report Line, currently 1-800-292-9582.

14.2 A licensee shall immediately notify the child's parent or the referring agency in the event of a child's death.

14.3 A licensee shall notify the child's parent or the referring agency within 1 business day of any serious illness or injury that requires medical treatment or any severe psychiatric episode of a child requiring hospitalization

se and Neglect Report Line, currently 1-800-292-9582.

14.2 A licensee shall immediately notify the child's parent or the referring agency in the event of a child's death.

14.4 A licensee shall call OCCL and speak to a licensing specialist within 1 business day during business hours and send follow-up documentation to the assigned specialist within 3 days of the event in the event of any of the following:

14.4.1 A fire, flood, or other disaster causes damage so the facility or program is unable to operate safely;

14.4.2 A child client is injured and needs medical or dental treatment;

14.4.3 Suspected abuse or neglect of a child while in care (after reporting the suspicion to the 24-Hour Child Abuse and Neglect Report Line);

14.4.4 Suspected child abuse or neglect involving a licensee or staff member being investigated by DSCYF or law enforcement;

14.4.5 Known new charges, arrests, or convictions of a licensee or staff;

14.4.6 A child had a reaction to medication requiring medical treatment or received medical treatment because of a medication error, such as giving the wrong medication, giving the wrong dose, failing to give the medication, giving medication to the wrong child, or giving the medication by the wrong route;

14.4.7 An equipment breakdown that threatens the health and safety of children in care, including lack of working toilets, interruption of running water, loss of phone service or power, failure of any fire protection system, and heating or air-conditioning failure; or

14.4.8 A child is abducted, absent without permission, or runs away.

14.5 A licensee shall ensure staff members follow the Delaware DSCYF reportable events and notification procedures

lth and safety of children in care, including lack of working toilets, interruption of running water, loss of phone service or power, failure of any fire protection system, and heating or air-conditioning failure; or

14.4.8 A child is abducted, absent without permission, or runs away.

14.5 A licensee shall ensure staff members follow the Delaware DSCYF reportable events and notification procedures.

14.6 A licensee shall call OCCL and speak to a licensing specialist within 2 business days and send follow-up documentation to the assigned specialist within 5 business days when the facility or program's phone number changes or when the chief administrator resigns, is dismissed, or is hired.

14.7 A licensee shall notify OCCL in writing at least 90 days before the expected closing of a facility or program or a change of ownership, sponsorship, location, name, capacity, or type of regulated service being provided.

14.7.1 When a licensee plans to sell a currently licensed facility or program, the prospective licensee shall follow the procedures listed in Section 7.0, before the facility or program is sold so that a child care license can be issued to the new owner after meeting all licensing criteria and the sale is finalized. Lead-risk assessments are transferrable.

14.7.2 Once the initial licensing procedures are completed by the prospective owner, a licensing specialist will conduct a pre-licensing visit to issue a new 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.

14.7.3 The prospective licensee shall provide a copy of the bill of sale to OCCL before OCCL will issue the license

list will conduct a pre-licensing visit to issue a new 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.

14.7.3 The prospective licensee shall provide a copy of the bill of sale to OCCL before OCCL will issue the license.

15.0 Insurance Coverage

A licensee shall have documentation of current comprehensive general liability insurance, motor vehicle insurance if transporting children in a vehicle that is owned or leased by the facility or program, and other insurance as required by State law.

16.0 Description of Services

16.1 A licensee shall have available via a website or printed materials the following information:

16.1.1 A written description of the facility's or program's mission;

16.1.2 Description of the types of treatment services provided to children;

16.1.3 Description of services provided to children and their families, including those provided directly by a licensee or arranged through another source;

16.1.4 Age range of children served;

16.1.5 Gender of children served;

16.1.6 Rules of the facility or program;

16.1.7 Policies governing visiting, telephone use, and other forms of communication with the child's family, friends, and others;

16.1.8 Religious affiliation and practices observed by a licensee; if applicable;

16.1.9 Activities provided;

16.1.10 Description of a licensee's behavior support policies and procedures and restrictive procedures, if applicable;

16.1.11 Resources on trauma exposure, its impact, and treatment;

16.1.12 Grievance policies and procedures; and

16.1.13 Information on how to obtain a copy of these regulations and on reporting any suspected violations of these regulations.

17.0 Policies and Procedures

17.1 A licensee shall have and follow written policies and procedures:

17.1.1 Governing a child's admission to a facility or program.

17.1.2 Protecting a child's rights to privacy and dignity

nt;

16.1.12 Grievance policies and procedures; and

16.1.13 Information on how to obtain a copy of these regulations and on reporting any suspected violations of these regulations.

17.0 Policies and Procedures

17.1 A licensee shall have and follow written policies and procedures:

17.1.1 Governing a child's admission to a facility or program.

17.1.2 Protecting a child's rights to privacy and dignity. A photo, video, or recording that reveals a child's identity shall not be used for research, fundraising, or public relations without the written consent of the child's parent or referring agency.

17.1.3 Regarding a child's participation in research projects. The policy shall conform to the National Institute of Mental Health Standards on Protection of Human Subjects.

17.1.4 Governing the recruitment, screening, hiring, supervision, training, evaluation, promotion, and disciplining of staff and volunteers.

17.1.5 Governing the qualifications and use of volunteers, if using volunteers. The qualifications shall be appropriate to the duties performed.

17.1.6 Governing the assignment of a child to an educational program, if a licensee chooses not to provide an educational program directly.

17.1.7 For handling an incident of suspected child abuse or neglect that occurs while a child is a client of the facility or program that complies with applicable laws.

17.1.8 Governing the discipline and behavior supports for children

to the duties performed.

17.1.6 Governing the assignment of a child to an educational program, if a licensee chooses not to provide an educational program directly.

17.1.7 For handling an incident of suspected child abuse or neglect that occurs while a child is a client of the facility or program that complies with applicable laws.

17.1.8 Governing the discipline and behavior supports for children. These policies and procedures shall include the concepts and use of the least restrictive effective treatment and positive reinforcements and shall prohibit:

17.1.8.1 Roughly handling a child or inflicting physical punishment on a child's body, including shaking, grabbing, striking, hair-pulling, biting, pinching, plucking, slapping, hitting, kicking, or spanking;

17.1.8.2 Humiliating, ridiculing, frightening, or degrading children;

17.1.8.3 Engaging in discriminatory treatment or harassment based on child's looks, race, national origin, religion, gender, gender expression, sexual orientation, disability, ethnicity, family, or other personal traits;

17.1.8.4 Encouraging or allowing children to hit, punish, or discipline each other;

17.1.8.5 Denying children food, water, toilet use, or bathing as a result of inappropriate behavior;

17.1.8.6 Using any form of forced physical exercise or activity or work assignment that produces pain or discomfort;

17.1.8.7 Punishing the group for misbehaviors of a child or a group of children unless the policies and procedures clearly list the specific circumstances and safeguards when this would be allowed;

17.1.8.8 Denying medical or dental care;

17.1.8.9 Denying visits or communications with family or others as listed in subsection 51.1;

17.1.8.10 Denying shelter, appropriate clothing, bedding, or any other essential personal items;

17.1.8.11 Denying sleep or rest;

17.1.8.12 Using mechanical restraints;

17.1.8.13 Attempting to change or discourage a child's sexual orientation, gender identity, or gender expression; or

17.1.8.14 Physically or sexually abusing a child

ommunications with family or others as listed in subsection 51.1;

17.1.8.10 Denying shelter, appropriate clothing, bedding, or any other essential personal items;

17.1.8.11 Denying sleep or rest;

17.1.8.12 Using mechanical restraints;

17.1.8.13 Attempting to change or discourage a child's sexual orientation, gender identity, or gender expression; or

17.1.8.14 Physically or sexually abusing a child.

17.1.9 Governing discipline and behavior supports include the model, program, or techniques used based on a child's needs, developmental level, and behavior and its use of each of the following:

17.1.9.1 Use of a de-escalation system that is a holistic system for defusing escalating behavior and safely managing aggressive behavior;

17.1.9.2 Positive supports;

17.1.9.3 Use of "time-out," to restrict a child in care to a designated area for a period of time to give the child in care an opportunity to regain self-control, if applicable;

17.1.9.4 Physical escort, if applicable;

17.1.9.5 Chemical restraint, if applicable;

17.1.9.6 Physical restraint, if applicable; and

17.1.9.7 Seclusion, if applicable.

17.1.10 Governing the use of appropriate "time-out" techniques. These policies and procedures shall require that appropriate "time-out" techniques may be used after first using other developmentally appropriate behavior supports and only:

17.1.10.1 When a child's behavior is judged by the staff to be disruptive or prevents others from participating in an activity;

17.1.10.2 When at least 1 staff member has been designated to be responsible for making visual contact with the child no less frequently than every 15 minutes;

17.1.10.3 When the room used for "time out" has adequate space, temperature, light, and ventilation, and is not capable of locking;

17.1.10.4 In an area that is not a closet, a bathroom, or an unfinished basement or attic;

17.1.10.5 For a duration of time that shall not exceed 1 minute per the age of the child for children under age 6 and no more than 30 minutes for children over age 6;

17.1.10.6 When the ch

hen the room used for "time out" has adequate space, temperature, light, and ventilation, and is not capable of locking;

17.1.10.4 In an area that is not a closet, a bathroom, or an unfinished basement or attic;

17.1.10.5 For a duration of time that shall not exceed 1 minute per the age of the child for children under age 6 and no more than 30 minutes for children over age 6;

17.1.10.6 When the child is reintroduced to the group in a sensitive and non-punitive manner as soon as the child has regained control;

17.1.10.7 When "time-out" episodes are documented in the child's record; and

17.1.10.8 If there are more than 15 "time-outs" for an individual child within a 24-hour period, a licensee shall ensure:

17.1.10.8.1 The events and actions of the child leading up to each "time-out" are evaluated and staff responses to those events and actions are reviewed to ensure competency of staff to implement a "time-out" only when necessary;

17.1.10.8.2 The chief administrator or designee conducts a review to determine the child's suitability to remain in placement in the facility or program or whether changes to the child's service plan are necessary; and

17.1.10.8.3 The facility or program takes appropriate action in response to the findings of the review.

17.1.11 In cases of emergencies or life-threatening situations, including arrangements for emergency transport services for children. The procedures must include provisions for supervision when a staff is required to accompany a child to a hospital emergency room

service plan are necessary; and

17.1.10.8.3 The facility or program takes appropriate action in response to the findings of the review.

17.1.12 On a suicide prevention policy that includes the following:

17.1.12.1 How the facility will respond in the event a child in care exhibits self-injurious, self-harm, or suicidal behavior;

17.1.12.2 Warning signs of suicide;

17.1.12.3 Emergency protocol and contacts;

17.1.12.4 Training requirements for staff members, including suicide prevention training and suicide risk assessment tool training;

17.1.12.5 Procedures for determining implementation of additional supervision precautions and for determining removal of additional supervision precautions;

17.1.12.6 Procedures to conduct a suicide risk assessment on the day of intake;

17.1.12.7 Documentation requirements for suicide ideation, self-harm, and special observation precautions to ensure immediate communication to all staff;

17.1.12.8 A process for tracking suicide behavioral patterns; and

17.1.12.9 A "post-intervention" plan with identified resources.

17.1.13 Governing the handling of grievances by children. These policies and procedures shall:

17.1.13.1 Be written in clear and simple language;

17.1.13.2 Be communicated to children in an age and developmentally appropriate manner;

17.1.13.3 Be posted in an area easily accessible to children and their parent or referring agency;

17.1.13.4 Ensure that any grievance shall be investigated by a staff who is not the subject of the grievance; and

17.1.13.5 Require continuous monitoring by a licensee of any grievance to ensure there is no punitive or retaliatory action taken or threatened against a child who reported a grievance.

17.1.14 Governing medical emergencies

y accessible to children and their parent or referring agency;

17.1.13.4 Ensure that any grievance shall be investigated by a staff who is not the subject of the grievance; and

17.1.13.5 Require continuous monitoring by a licensee of any grievance to ensure there is no punitive or retaliatory action taken or threatened against a child who reported a grievance.

17.1.14 Governing medical emergencies. These policies and procedures shall require that at least 1 staff member is on duty who is qualified to administer first aid and cardiopulmonary resuscitation (CPR) and 1 fully equipped first aid kit is placed in each building used by children and in any indoor recreation area.

17.1.15 For record security, maintenance, and disposal that addresses:

17.1.15.1 Assigning the responsibility of supervising record maintenance and custody to ensure records are uniform in organization, readily identifiable, current, and complete;

17.1.15.2 Securing a record against loss, damage, tampering, accessibility, and unauthorized use;

17.1.15.3 Determining to whom a record may be released;

17.1.15.4 Determining what type of record or portion of a record may be destroyed and what must be kept permanently;

17.1.15.5 Creating a storage system for permanent records that ensures information is protected and kept indefinitely; and

17.1.15.6 Transferring and keeping records in the event the facility or program closes.

18.0 General Qualifications and Background Checks

18.1 A licensee shall only employ staff members who understand and respect the needs of children and their families and their cultures. Staff shall be physically and emotionally capable of performing activities related to providing child care, which includes the ability to supervise children's activities; to support children's physical, intellectual, social and emotional growth; to deal with emergencies in a calm manner; and to carry out methods of behavior support, as stipulated in these regulations

r families and their cultures. Staff shall be physically and emotionally capable of performing activities related to providing child care, which includes the ability to supervise children's activities; to support children's physical, intellectual, social and emotional growth; to deal with emergencies in a calm manner; and to carry out methods of behavior support, as stipulated in these regulations.

18.2 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 unless the staff member's health care provider or the Division of Public Health (DPH) provides documentation stating the staff member may be present. If a staff has a reportable communicable disease, a licensee shall ensure the disease is reported to DPH. Information regarding the communicable diseases that require reporting may be located on DPH's website (currently listed as https://dhss.delaware.gov/dph/dpc/rptdisease.html ).

18.3 A licensee shall ensure a staff member schedules a fingerprinting appointment with Delaware State Police and is fingerprinted for a Delaware State Bureau of Identification and Federal Bureau of Investigation check before the start of employment.

18.3.1 Staff members shall provide the fingerprint verification form to the licensee before working with children.

18.3.2 Staff members working in programs receiving Title IV-E funds who currently reside out of state or those who have resided outside of Delaware in the last 5 years shall contact each state of residence, and request a name-based child abuse and neglect search.

18.3.3 After the out-of-state searches are completed, the chief administrator shall submit the results immediately to the Criminal History Unit (CHU).

18.3.4 While waiting for the results of the background check, a staff member may not be alone with children and must be supervised at all times by a person who has completed the background check process and been determined eligible

d neglect search.

18.3.3 After the out-of-state searches are completed, the chief administrator shall submit the results immediately to the Criminal History Unit (CHU).

18.3.5 A licensee shall ensure results of all record checks are placed in the staff member's file.

18.4 A licensee may not own or be employed at a facility or program if the licensee is prohibited from working in child care in Delaware based on State law. 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.

18.5 A licensee shall comply with the DELACARE Regulations - Background Checks for Child-Serving Entities.

18.6 A licensee may not employ or retain a person who is prohibited from working in child care in Delaware based on State law. If a person is determined ineligible, the licensee, or DSCYF, in cases where the facility is under contract or directly operated by DSCYF, shall make the final determination on whether to hire or retain the person.

18.7 A 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.

18.8 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.

18.9 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

censee 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.

18.9.1 If the person requests an administrative review, the licensee and the person shall be bound by the final eligibility decision of the administrative review.

18.9.2 If a person is determined ineligible, the licensee, or DSCYF in cases where the facility is under contract or directly operated by DSCYF shall make the final determination on whether to hire or retain the person.

18.9.3 If a person is determined prohibited, the person may not work in child care.

19.0 Staff Qualifications

19.1 A licensee shall have a full-time chief administrator who meets the following qualifications: at least 21 years of age, a bachelor's degree from a regionally accredited college or university in business, public administration, social or behavioral science, social services, social work, or a human services field and have 2 years of successful related work experience in administration or supervision.

19.2 A licensee shall have a case manager who meets the education and experience that are specifically related to the client population to be served. That education and experience shall consist of the following for the type of population served:

19.2.1 A bachelor's degree in human services or behavioral science from a regionally accredited college or university in social work, sociology, psychology, speech communication or special education with certification for emotional disturbance or learning disabilities and 1 year of full-time work experience working with children

nce shall consist of the following for the type of population served:

19.2.2 For work with children who are receiving services primarily for correctional aftercare or emotional disturbance, the case manager shall have 1 of the following qualifications:

19.2.2.1 A master's degree in human services or behavioral science from a regionally accredited college or university that includes field work experience or 1 year of full-time employment experience working with children or families.

19.2.2.2 A bachelor's degree in human services or behavioral science from a regionally accredited college or university and either 2 years of full-time employment experience in human services counseling involving children and families or at least 500 hours of supervised family or child contact therapy hours.

19.2.3 For work with residents who are receiving services primarily for a developmental disability, the case manager shall have the following education and experience qualifications:

19.2.3.1 A bachelor's degree from a regionally accredited college or university in social work, sociology, psychology, speech communication, special education, physical therapy, or occupational therapy; and

19.2.3.2 Specialized training or 1 year of employment experience in treating or working with persons who are developmentally disabled

have the following education and experience qualifications:

19.2.3.2 Specialized training or 1 year of employment experience in treating or working with persons who are developmentally disabled.

19.3 A licensee shall have direct care supervisors, unless assigning case managers to supervise direct care workers, who are at least 21 years old and meet 1 of the following requirements:

19.3.1 A bachelor's degree in human services or behavioral science from a regionally accredited college or university and 1 year of full-time work experience working with children;

19.3.2 An associate's degree in human services or behavioral science from a regionally accredited college or university or a minimum of 48 credit hours in human services or behavioral science from a regionally accredited college or university and 2 years of full-time work experience working with children; or

19.3.3 A high school diploma from a regionally accredited high school or equivalent and 3 years of full-time work experience working with children.

19.4 A licensee shall have direct care workers who are at least 21 years old and have a high school diploma from a regionally accredited high school or equivalent.

20.0 Administrative Oversight and Staffing

20.1 A licensee shall require the chief administrator to ensure there are sufficient administrative, supervisory, social service, educational, recreational, direct care, and support staff members or volunteers to perform the duties required by these regulations and to provide for the care, needs, medical consultation, and supervision of children.

20.2 A licensee shall have an up-to-date organizational table showing the facility's or program's administrative and staffing structure with position titles and lines of authority

, educational, recreational, direct care, and support staff members or volunteers to perform the duties required by these regulations and to provide for the care, needs, medical consultation, and supervision of children.

20.2 A licensee shall have an up-to-date organizational table showing the facility's or program's administrative and staffing structure with position titles and lines of authority.

20.3 A licensee shall ensure a designated staff is in charge on the premises at all times when children are present.

20.4 A licensee shall ensure a direct care supervisor or case manager supervises no more than 12 (full-time equivalent) direct care workers.

20.5 If using volunteers, a licensee shall assign designated staff to supervise each volunteer.

20.6 A licensee shall ensure written attendance records showing staff members' assignments with exact hours worked are maintained at each facility or program for at least 3 months.

21.0 Personnel and Volunteer Files

21.1 A licensee shall have a personnel file for each staff and volunteer who works with children at least 5 days or 40 hours a year. This file shall be available upon request. Except as noted, all file contents are required at the start of employment or volunteering and shall include the following:

21.1.1 Completed application or résumé containing the person's name, date of birth, home address, and phone number;

21.1.2 Work or volunteer start date, and end date, if applicable;

taining the person's name, date of birth, home address, and phone number;

21.1.2 Work or volunteer start date, and end date, if applicable;

21.1.3 Two references from adults not related to the person who can verify the person is of good character and respects and understands the needs of children and their families. 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 person's character and interactions with children and families, if known, and the name of person receiving the reference;

21.1.4 Release of employment history form and received service letters, or documentation showing requests and follow-up for service letters have been made. If the person has not worked or if unable to get at least 1 completed service letter, 2 additional reference letters or phone references are required;

21.1.5 Proof of qualifications, education, and applicable professional credential or certification;

21.1.6 Health appraisal within the first month of employment conducted within 1 year before the start date. This appraisal shall confirm the individual's health and document medical or physical conditions that are job related 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 in accordance with the Americans with Disabilities Act;

21.1.7 TB test or medical professional risk assessment within the first month of employment or volunteering conducted within 1 year before the start date, with further testing if a health care professional has concerns regarding the staff member's health;

professional has concerns regarding the staff member's health;

21.1.8 A statement signed by the person stating the person's status regarding all previous convictions; current indictment or involvement in criminal activity involving violence against a person; child abuse or neglect; possession, sale, or distribution of illegal drugs; sexual misconduct; gross irresponsibility or disregard for the safety of others; serious violations of accepted standards of honesty or ethical behavior; or a case of child abuse or neglect substantiated by DFS or the respective responsible entity in another state or country;

21.1.9 Documentation of a fingerprinted background check as described in subsection 18.3. A person shall have no unsupervised contact with a child until the facility or program receives an eligibility determination from CHU;

21.1.10 Adult abuse registry check through the Division of Health and Social Services website, currently https://dhss.delaware.gov/dhss/dltcrp/default.aspx ;

21.1.11 Documentation acknowledging the person is aware that the use of alcohol or a drug that could negatively affect essential job functions; unlawful possession, manufacture, or distribution of alcohol or drugs; or possession of a controlled substance is prohibited while working;

21.1.12 Documentation of the receipt of a facility's or program's policy manual, including verification of client confidentiality policies;

21.1.13 If transporting children, a copy of the current driver's license and proof of vehicle insurance;

21.1.14 Job description for the current position;

21.1.15 If working with children, documentation of an orientation that is completed before working alone with children that includes the following topics and the opportunity to ask questions and receive clarification

nt confidentiality policies;

21.1.13 If transporting children, a copy of the current driver's license and proof of vehicle insurance;

21.1.14 Job description for the current position;

21.1.15.1 The purpose, policies, and procedures, including those governing behavior supports including de-escalation skills training, crisis prevention and management skills, disciplinary techniques that are non-punitive in nature and are focused on helping children build positive personal relationships and self-control;

21.1.15.2 Trauma-informed treatment;

21.1.15.3 Suicide prevention;

21.1.15.4 The staff member's job duties;

21.1.15.5 Emergency procedures including the location of emergency exits, emergency equipment, and first aid kits; calling in an additional staff, securing the assistance of law enforcement or emergency personnel, and assigning roles in response to an emergency;

21.1.15.6 Current disaster plan, including where staff members and children would evacuate to if required to evacuate to a nearby area and 1 location out of the area; a list of items to take if evacuated including medication, medical equipment, and other necessities;

21.1.15.7 The role of staff and volunteers in client service delivery and the protection of children;

21.1.15.8 The Delaware child abuse and neglect law and reporting requirements;

21.1.15.9 Information on other federal or State laws or regulations applicable to children and families who are clients of the facility or program, including non-discrimination against a child based the child's race or color, sex, sexual orientation, age, national origin, disability, religion, or pregnancy;

21.1.15.10 Applicable licensing regulations and the location of the regulations at the facility or program for review;

21.1.15.11 Cultural awareness, responsiveness, an

e to children and families who are clients of the facility or program, including non-discrimination against a child based the child's race or color, sex, sexual orientation, age, national origin, disability, religion, or pregnancy;

21.1.15.10 Applicable licensing regulations and the location of the regulations at the facility or program for review;

21.1.15.11 Cultural awareness, responsiveness, and sensitivity;

21.1.15.12 Sex trafficking signs, symptoms, prevention, and supports;

21.1.15.13 Reasonable and prudent parent standard training for designated staff members and age-appropriate and developmentally appropriate activities for a child in care; and

21.1.15.14 Procedures for complaint investigations.

21.1.16 Staff disciplinary actions, if applicable;

21.1.17 Record of annual training hours, including certificates and transcripts, if applicable; and

21.1.18 Annual performance evaluation signed and dated by the staff and supervisor.

22.0 Contracted Licensed Professionals Files

22.1 A licensee shall have a personnel file, available upon request, for each contracted licensed professional who works with children at least 5 days or 40 hours a year at the facility or program that includes the following:

22.1.1 Documentation of a completed fingerprinted background check before the start of employment;

22.1.2 Current professional credential or certification;

22.1.3 Health appraisal within the first month of employment conducted within 1 year before the start date. This appraisal shall confirm the individual's health and document medical or physical conditions that are job related 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 in accordance with the Americans with Disabilities Act; and

22.1.4 TB test or medical professional risk assessment within the first month of employment conducted within 1 year before the start date, with further testing if a health care professional has concerns regarding the staff member's health

m child care or have direct access to children and any reasonable accommodations that may be required in accordance with the Americans with Disabilities Act; and

23.0 Training

23.1 Within 2 months of hire unless currently certified, a licensee shall ensure staff members working with children complete certifications in first aid and CPR that requires a "hands on" skills demonstration. The certifications shall be appropriate to the ages of the children served and be kept current.

23.2 A licensee shall ensure each staff whose primary role requires interaction with children and who works 30 or more hours a week receives at least 18 hours of professional development training annually.

23.3 A licensee shall ensure a staff whose primary role requires interaction with children and who works less than 30 hours a week receives at least 9 hours of professional development training annually.

23.4 A licensee shall ensure professional development training is designed to maintain, improve, or enhance the staff member's knowledge or skills in carrying out job responsibilities, and it is in core areas such as behavior supports, crisis management, conflict resolution, cultural competence, mental or behavioral health, substance abuse, health and safety, trauma-informed care, child or adolescent development, professionalism, or communication.

23.5 If the facility uses any of the restrictive procedures contained within Section 93.0, staff must be trained annually regarding the use of that restrictive procedure.

24.0 Allegations of Abuse or Neglect against a Staff Member

24.1 A licensee shall ensure children are not abused or neglected

h and safety, trauma-informed care, child or adolescent development, professionalism, or communication.

23.5 If the facility uses any of the restrictive procedures contained within Section 93.0, staff must be trained annually regarding the use of that restrictive procedure.

24.0 Allegations of Abuse or Neglect against a Staff Member

24.1 A licensee shall ensure children are not abused or neglected.

24.2 A licensee shall take corrective action to eliminate the factors or circumstances that may have caused or may have otherwise resulted in a continuing risk of abuse or neglect to children if the abuse or neglect occurred at the facility or program by a staff, volunteer, or licensed contracted professional.

24.3 A staff member, volunteer, or licensed contracted professional alleged to have perpetrated an incident of child abuse or neglect shall not have direct contact with any child, but may, at the discretion of a licensee, be reassigned to other duties that do not involve contact with children until the investigation by the Institutional Abuse Unit or law enforcement has been completed.

24.4 A licensee shall take appropriate disciplinary action against any staff, volunteer, or licensed contracted professional who committed an act of child abuse or neglect.

25.0 Children's Admission

25.1 A licensee shall ensure the child, the child's parent or the referring agency, and any other appropriate party, are given a reasonable opportunity to participate in the facility's or program's admission process.

25.2 When involvement of the child's parent in the admission process is not possible or desirable, a licensee shall record the reasons for the exclusion in the admission records.

25.3 A licensee shall not admit a child into care until an admission evaluation has been completed.

25.4 A licensee shall have and follow a written admission agreement with the parent or the referring agency

sion process.

25.2 When involvement of the child's parent in the admission process is not possible or desirable, a licensee shall record the reasons for the exclusion in the admission records.

25.3 A licensee shall not admit a child into care until an admission evaluation has been completed.

25.4 A licensee shall have and follow a written admission agreement with the parent or the referring agency. The admission agreement shall be signed by all parties and include:

25.4.1 The basis for admission;

25.4.2 The service or treatment goals;

25.4.3 The specific services or treatment to be provided;

25.4.4 The roles and responsibilities of a licensee and the people and agencies involved with the child and the child's family;

25.4.5 Authorization to provide services to the child;

25.4.6 Authorization to provide or obtain routine medical care for the child;

25.4.7 If applicable, the child's religion and practices; and

25.4.8 If applicable, authorization to allow the child to participate in recreational and out-of-state activities.

25.5 Upon admission, a licensee shall provide to the child and the parent, if applicable, the following information:

25.5.1 Rules of the facility or program;

25.5.2 Policies governing visiting, telephone use, and other forms of communication with the child's family, friends, and other people;

25.5.3 If applicable, religion and practices observed by a licensee;

25.5.4 Description of services and activities provided;

25.5.5 Description of a licensee's behavior support policies and procedures and if applicable, restrictive procedures;

25.5.6 Resources on trauma exposure, its impact, and treatment;

25.5.7 Grievance policies and procedures;

25.5.8 Name of the child's service worker; and

25.5.9 Information on how to obtain a copy of these regulations and on reporting any suspected violations of these regulations.

25.6 When a licensee declines to admit a child, a licensee shall provide the child's parent or the referring agency with a written explanation of the reasons for refusal, if requested

25.5.7 Grievance policies and procedures;

25.5.8 Name of the child's service worker; and

25.5.9 Information on how to obtain a copy of these regulations and on reporting any suspected violations of these regulations.

25.6 When a licensee declines to admit a child, a licensee shall provide the child's parent or the referring agency with a written explanation of the reasons for refusal, if requested.

26.0 Service Plan

26.1 A licensee shall have and follow a written service plan for each child admitted into a facility or program.

26.2 A licensee shall give the child and the child's parent or the referring agency an opportunity to be involved in the development of the service plan unless there is documentation justifying the reason for non-participation.

26.3 A licensee shall ensure everyone who participated in the service plan's development signs the plan.

26.4 A licensee shall begin to create the service plan within 7 days of a child's admission; complete the service plan within at least 30 days; and update the plan every 3 months thereafter during the child's placement at the facility or program. Facilities operating as shelter care shall initiate service planning within 24 hours of admission.

26.5 A licensee shall ensure the service plan addresses the following:

26.5.1 Behavioral functioning;

26.5.2 Psychological or emotional adjustment;

26.5.3 Personal and social development;

26.5.4 Familial relationships and family history including parent or caregiver trauma and its impact on the family system;

26.5.5 Approved methods of behavior support;

26.5.6 Brief history of traumatic events;

26.5.7 Medical and health needs as indicated by a health screening;

26.5.8 Type and frequency of direct supervision required that considers the child's age, maturity, behavior, and developmental level;

26.5.9 Educational and vocational needs;

26.5.10 Recreational interests and abilities;

26.5.11 Identification of services or treatment and their arrangements on behalf of the child and the child's family;

26.5.12 When applicable, a desc

icated by a health screening;

26.5.8 Type and frequency of direct supervision required that considers the child's age, maturity, behavior, and developmental level;

26.5.9 Educational and vocational needs;

26.5.10 Recreational interests and abilities;

26.5.11 Identification of services or treatment and their arrangements on behalf of the child and the child's family;

26.5.12 When applicable, a description of any specialized service or treatment by other appropriately qualified professionals;

26.5.13 Conditions for discharge; and

26.5.14 A projection in regard to the child's length of stay and an initial plan for discharge.

26.6 A licensee shall ensure each child's service plan includes behavioral or functional objectives that specifies behaviors to be changed, eliminated, or modified, and includes projected achievement dates, with measurable indicators or criteria for monitoring progress and assessing achievement of the service plan's objectives.

26.7 A licensee shall provide a copy of the plan to the child, parent, if applicable, and referring agency.

26.8 A licensee shall ensure at the time of each 3-month review, the service plan is updated to include the following:

26.8.1 Progress made toward achieving the goals established in the previous service or treatment plan;

26.8.2 Any changes in the service or treatment plan; and

26.8.3 A projected date for the child's discharge.

27.0 Children's Health Appraisals

27.1 A licensee shall ensure that within 1 month of admission, each child's file contains a health appraisal that includes an immunization record that adheres to 14 Del.C. §131 and 14 DE Admin. Code 804 . A health care provider must have conducted this health appraisal within the last 12 months

treatment plan; and

26.8.3 A projected date for the child's discharge.

27.0 Children's Health Appraisals

27.1.1 If a licensee cannot obtain documentation of a health appraisal or immunizations for a child, such as specified in the McKinney-Vento Homeless Assistance Act, a licensee shall coordinate with the child's parent or referring agency to obtain the required health appraisal and immunizations and ensure the appraisal is conducted within 30 days of admission and the immunizations begin within 30 days of admission.

27.1.2 A child will be exempt from immunization if:

27.1.2.1 The child's parent objects to immunizations on a religious basis and completes an affidavit of religious belief; or

27.1.2.2 The child's health care provider provides a notarized statement certifying that the immunization may be harmful to the child's health.

27.2 A licensee shall have an on-site confidential file for each child within 1 month of enrollment that is retained for at least 3 months after discharge. This file shall contain information on:

27.2.1 Available past medical history;

27.2.2 Inventory and assessment of medications in use at the time of admission;

27.2.3 Immunizations or exemptions as required by subsection 27.1.2.1 or 27.1.2.2;

27.2.4 Medications dispensed while at the facility or program;

27.2.5 Medical consents and releases from the child's parent or referring agency;

27.2.6 Medical, dental, psychological, or psychiatric examinations; and

27.2.7 Medical treatment currently being provided.

28.0 Education Requirements

28.1 A licensee shall ensure each school-age child receives an appropriate education, in accordance with applicable federal and State laws and regulations

or program;

27.2.5 Medical consents and releases from the child's parent or referring agency;

27.2.6 Medical, dental, psychological, or psychiatric examinations; and

27.2.7 Medical treatment currently being provided.

28.0 Education Requirements

28.1 A licensee shall ensure each school-age child receives an appropriate education, in accordance with applicable federal and State laws and regulations. Education shall be provided by an off-site public or private school or an on-site school.

28.2 A licensee shall ensure that adolescent children receive career preparation services, life skills training, and employment counseling unless such services, training, and counseling are being provided in their regular or special education school program. Such services, training, and counseling shall be appropriate to the age and capabilities of the child.

28.3 For an adolescent who is not legally required to attend school, a licensee shall ensure the child is either employed or enrolled in a training program geared toward gaining suitable employment or necessary life skills appropriate to the child's age, capabilities, and service plan.

28.4 A licensee shall provide appropriate space and supervision for quiet study after school hours.

28.5 A licensee shall ensure each child has access to necessary educational references and other resource materials.

29.0 On-Site School Requirements

29.1 If a licensee chooses to provide an on-site school, a licensee shall ensure the school complies with the following:

29.1.1 One teacher shall be responsible for educating no more than 20 children;

29.1.2 Teachers shall be at least age 21 and possess a bachelor's degree from a regionally accredited college or university and be certified to teach in Delaware

als.

29.0 On-Site School Requirements

29.1 If a licensee chooses to provide an on-site school, a licensee shall ensure the school complies with the following:

29.1.1 One teacher shall be responsible for educating no more than 20 children;

29.1.2 Teachers shall be at least age 21 and possess a bachelor's degree from a regionally accredited college or university and be certified to teach in Delaware. Certification shall be appropriate to the age and educational needs of the children in the program or facility;

29.1.3 Staff meeting the qualifications of direct care worker may assist in the on-site school as long as they work under the supervision of a teacher;

29.1.4 The school operates for at least as many days and hours as required by State laws and regulations;

29.1.5 A curriculum that is appropriate to the population to be served is followed;

29.1.6 Special education and related services are provided or arranged by a licensee for each child whose special education needs have been identified and as appropriate in collaboration with the child's school district;

29.1.7 Appropriate written records are maintained for each child that reflects the use of a uniform grading system; and

29.1.8 Has a process for transfer and release of educational records to and from other schools or facilities.

30.0 Religion and Culture

30.1 A licensee shall respect the religious preference of the child and the child's parent, if applicable.

30.2 A licensee shall ensure each child is provided opportunities to attend religious services or activities in the child's religious faith of choice. A licensee shall directly arrange for the transportation of a child to services or activities that are off-site or provide the technology for virtual attendance, unless this is not recommended in the service plan

d the child's parent, if applicable.

30.3 A licensee shall not require or coerce children to participate in religious services or activities, shall not discipline, discriminate against, or deny privileges to any child who chooses not to participate, and shall not reward any child who chooses to participate.

31.0 General Safety

31.1 A licensee shall keep all areas, furnishings, and equipment of the facility or program in a clean, hazard-free, and safe condition. Floors, walls, counter surfaces, toilets, and surfaces or finishes must be cleanable and in good repair.

31.2 A licensee shall take the following measures to prevent hazards to children in care:

31.2.1 To prevent cuts, abrasions, and punctures, equipment, materials, and other objects on the premises that have sharp edges, protruding nails, bolts, or other dangers must be repaired, removed, or made inaccessible to children;

31.2.2 To prevent burns, equipment, materials, or products that may be hot enough to injure a child must be made inaccessible to children;

31.2.3 To prevent sheering, crushing, or pinching, broken or cracked equipment, materials, and objects must be repaired, removed, or made inaccessible to children;

31.2.4 To prevent tripping, uneven indoor and outdoor walkways, damaged flooring or carpeting, or other tripping hazards must be removed or repaired; and

31.2.5 To prevent injuries, equipment in poor condition (rusty parts, flaking paint, or other dangers) must be repaired, removed, or made inaccessible to children.

31.3 A licensee shall have documentation that the buildings of the facility or program conform to all applicable State and local fire laws, regulations, and codes

or carpeting, or other tripping hazards must be removed or repaired; and

31.2.5 To prevent injuries, equipment in poor condition (rusty parts, flaking paint, or other dangers) must be repaired, removed, or made inaccessible to children.

31.3 A licensee shall have documentation that the buildings of the facility or program conform to all applicable State and local fire laws, regulations, and codes.

31.4 A licensee shall ensure toilets, tubs, sinks, and showers are in working condition, do not leak, are in good repair, and are kept clean.

31.5 A licensee shall ensure bathroom floors, showers, and bathtubs have slip-proof surfaces.

31.6 A licensee shall ensure bathrooms are equipped with windows that open or a working mechanical ventilation system to the outside.

31.7 A licensee shall keep the facility or program free from rodent and insect infestation. If pesticides are used, they shall be used according to the manufacturer's instructions.

31.8 A licensee shall ensure the water temperature does not exceed 120° F from all water faucets and other water sources accessible to children in care. All sinks shall supply hot and cold water under pressure at all times and all plumbing shall comply with State and local plumbing codes. Water supply and the sewage disposal shall be approved by DPH and the Department of Natural Resources and Environmental Control, respectively.

31.9 A licensee shall ensure that garbage and trash are stored in non-combustible, covered containers.

31.9.1 Indoor containers shall be emptied at least daily to an outdoor receptacle and kept clean.

31.9.2 Outdoor garbage containers shall be inaccessible to children, emptied at least weekly, and, with the exception of dumpsters, cleaned as needed.

31.10 A licensee shall ensure that rooms used by children, including bedrooms, dining rooms, recreation rooms, and classrooms, are suitably lighted for safety and comfort. A licensee shall ensure corridors are illuminated during night-time hours

an.

31.9.2 Outdoor garbage containers shall be inaccessible to children, emptied at least weekly, and, with the exception of dumpsters, cleaned as needed.

31.11 A licensee shall ensure stairways over 4 steps have handrails at a maximum height of 38 inches that are safe for children and adults.

31.12 A licensee shall securely screen or equip fireplaces with protective guards while in use.

31.13 A licensee shall prohibit the storage or use of any firearms or other weapons on the grounds of the facility or program or in any building used by children.

31.14 A licensee shall ensure power-driven equipment shall be appropriately shielded and maintained in good repair. Children shall be permitted to use such equipment only when it is age-appropriate and only under the direct supervision of a staff.

32.0 Heating and Cooling

32.1 A licensee shall keep temperatures in rooms used by the children at a minimum temperature of 68°F and a maximum of 82°F unless overridden by federal and State energy laws.

32.2 A licensee shall ensure that each habitable room has a window, working heating, and cooling ventilation.

32.3 Floor or window fans must be inaccessible to children and bear the safety certification mark of a recognized testing laboratory such as Underwriters Laboratories or Electro-Technical Laboratory.

32.4 A licensee shall ensure heating, cooling, and plumbing equipment is properly installed, cleaned, and maintained to operate safely.

32.5 A licensee shall ensure heating and cooling equipment prevents injury to children by having safety shielding.

32.5.1 Fire code prohibits the use of heating equipment such as portable, open-flame, space heaters.

32.5.2 Hot water pipes, steam radiators, and wood-burning stoves shall be out of children's reach to protect children against burns

nstalled, cleaned, and maintained to operate safely.

32.5 A licensee shall ensure heating and cooling equipment prevents injury to children by having safety shielding.

32.5.1 Fire code prohibits the use of heating equipment such as portable, open-flame, space heaters.

32.5.2 Hot water pipes, steam radiators, and wood-burning stoves shall be out of children's reach to protect children against burns.

32.5.3 Electric space heaters are prohibited.

33.0 Air Quality and Windows

33.1 A licensee shall ensure a facility or program located in a building that previously contained or currently contains a dry cleaner, nail salon, or any other use that may result in an unacceptable indoor air quality, will not be licensed or have a license renewed, unless the applicant or licensee obtains indoor air sampling as required per 7 DE Admin. Code 1375 that shows there is no impact to the facility or program.

33.2 A licensee shall ensure a facility or program is ventilated to ensure that the air quality within the facility or program provides a healthy environment for children and adults. Insect screening shall be in good repair for all exterior doors and operable windows when the doors and windows are used for ventilation, provided that all requirements for fire safety have been met. This screening shall be easy to remove in an emergency.

34.0 Hazardous Materials

34.1 A licensee shall ensure the facility or program is free of unacceptable exposure to hazardous materials.

34.2 An applicant and licensee shall ensure the facility or program is free of lead-based paint hazards. Buildings constructed in or after 1978 are exempt from lead-paint risk assessments and testing.

34.2.1 If the buildings were constructed before 1978, an applicant or licensee shall provide to OCCL a lead-paint risk assessment performed by an environmental testing firm certified by DPH showing the facility or program to be free of lead-based paint hazards

rogram is free of lead-based paint hazards. Buildings constructed in or after 1978 are exempt from lead-paint risk assessments and testing.

34.2.1.1 Before license renewal, unless previously submitted to OCCL, a licensee shall submit this risk assessment.

34.2.1.2 If lead paint is identified but intact (i.e. not chipping, flaking, or peeling), the licensee shall monitor the identified areas at least every 6 months and document that the lead-based paint is intact (in good repair and not deteriorated). Lead-based paint is not regarded as a hazard if it is intact, not present in an accessible surface, a friction surface, or an impact surface that could result in an adverse human health effect.

34.2.2 If lead-paint hazards are identified in the risk assessment that are not considered de minimis, the applicant or licensee shall remedy the hazards by hiring a lead-safe contractor (lead abatement or renovation firm) certified by DPH to make the repairs.

34.2.2.1 Once the repairs are made, a lead-dust clearance inspection must be performed by an environmental testing firm certified by DPH to confirm the facility or program is free of lead-based paint hazards.

34.2.2.2 The applicant or licensee shall provide the lead-dust clearance testing results to OCCL within 5 business days to confirm the facility or program is free of lead-based paint hazards.

34.2.2.3 Children may not be present during repairs and the facility or program must stay closed until the results of the lead dust clearance are at appropriate levels and the lead-safe contractor states it is safe for the facility or program to be open

ide the lead-dust clearance testing results to OCCL within 5 business days to confirm the facility or program is free of lead-based paint hazards.

34.2.3 If any lead-based paint identified in a risk assessment in a pre-1978 child-occupied facility becomes deteriorated or if lead-based paint is located in an area to be remodeled, a licensee shall retain a contractor certified by DPH to work using lead-safe work practices (lead abatement or lead renovator) to perform any renovation or repair.

34.2.3.1 Records of this renovation or repair work must be forwarded to OCCL within 5 business days of completion.

34.2.3.2 Children may not be present during repairs or renovation until a lead-dust clearance test is obtained and the lead-safe contractor states it is safe for the facility or program to be open.

34.3 A licensee shall ensure radon testing is performed in each room used by children once every 5 years between the months of October and March and within 6 months after any remodeling, renovations, or construction.

34.3.1 This 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.

34.3.2 If testing indicates a radon level over the level acceptable to the EPA (currently 4.0 pCi/L), a licensee shall ensure acceptable radon mitigation occurs or a long-term radon test (90-120 days) indicates an acceptable level.

34.3.3 A licensee shall ensure copies of radon testing results are sent to OCCL within 5 business days of receiving the results

EPA or State of Delaware Radon Program.

34.3.3 A licensee shall ensure copies of radon testing results are sent to OCCL within 5 business days of receiving the results.

34.4 A licensee shall ensure that containers of poisonous, toxic, or hazardous materials are prominently and distinctly marked or labeled for easy identification as to contents.

34.4.1 These materials shall be used only in the manner and under the conditions that will not contaminate food or constitute a hazard to the children in care or to staff.

34.4.2 These materials shall be stored in a locked storage space accessible only to authorized staff.

34.4.3 Materials required for routine cleaning and maintenance shall be stored and used in a safe manner.

34.4.4 The storage of flammable liquids and gases shall not be permitted in the facility or program except as allowed by the Office of the Fire Marshal.

35.0 Smoking, Vaping, Illegal Drugs, and Alcohol

35.1 A licensee shall prohibit children from smoking, vaping, using illegal drugs, or drinking alcohol at the facility or program and during trips.

35.2 A licensee shall prohibit staff, volunteers, and visitors from smoking, vaping, using illegal drugs, or drinking alcohol in the presence or in sight of children at the facility or program, when transporting children, or during trips.

35.3 A licensee shall prohibit staff members, volunteers, and visitors from buying alcohol, tobacco, vaping products, and illegal drugs for children

uring trips.

35.3 A licensee shall prohibit staff members, volunteers, and visitors from buying alcohol, tobacco, vaping products, and illegal drugs for children.

36.0 Outdoor Area

36.1 A licensee shall ensure the following:

36.1.1 Structures, fences, equipment, and the grounds are maintained in a clean, hazard-free, and safe condition;

36.1.2 Hazards such as animal feces, toxic plants, broken seating or outdoor furniture, building supplies, power equipment, glass, sharp rocks, cigarette butts, beehives and wasp nests, and lawn mowers are not present when an area is used by children.

36.1.3 Exterior lighting is provided for the buildings, parking areas, pedestrian walkways, or other premises used by children, staff, or volunteers while it is dark;

36.1.4 Grounds drain naturally or through installed drainage systems so there is no standing water on the premises. Standing water after a storm must drain within 48 hours; and

36.1.5 All areas determined to be unsafe including steep grades, cliffs, open pits, swimming pools, high voltage boosters, propane gas tanks, streets or roads, driveways, railroad tracks, or parking lots are fenced off or have natural barriers to protect children.

36.2 A licensee shall ensure that raised areas on the premises, other than stairways over 2 feet, such as porches, elevated walkways, and elevated play areas, have walls or barriers to prevent falls over the open side. The walls or barriers must be at least 36 inches tall.

36.3 A licensee shall maintain or have access to an outdoor recreation area with at least 75 square feet for each child for the maximum number of children who will use the outdoor area at 1 time

r than stairways over 2 feet, such as porches, elevated walkways, and elevated play areas, have walls or barriers to prevent falls over the open side. The walls or barriers must be at least 36 inches tall.

36.3 A licensee shall maintain or have access to an outdoor recreation area with at least 75 square feet for each child for the maximum number of children who will use the outdoor area at 1 time. When a licensee is not able to comply with this requirement, a licensee shall provide a minimum of 700 square feet of open, accessible indoor space suitable for large muscle activity.

36.4 A licensee shall ensure that its outdoor recreation program area has age-appropriate equipment for vigorous play, large muscle activity, physical exercise and group sports. Such equipment shall be kept in a clean, safe, and operable condition.

37.0 Kitchen and Food Preparation

37.1 A licensee shall ensure a kitchen or food preparation area is provided with the necessary operable equipment to prepare, store, serve, and clean-up all meals and snacks for children and staff. A facility or program that does not prepare food on-site is exempt from subsections 37.1 through 37.8.

37.2 The kitchen requirements for facilities or programs that prepare and serve meals and snacks are, but not limited to:

37.2.1 One Refrigerator;

37.2.2 Three-compartment sink; or

37.2.3 Two-compartment sink and sanitizing basin; or

37.2.4 Two-compartment sink and dishwasher; and

37.2.5 Separate hand-washing sink within the food preparation area;

37.2.6 Range or cooktop;

37.2.7 Oven or microwave; and

37.2.8 Food storage areas.

37.3 A licensee shall ensure food service equipment and utensils are constructed of material that is non-toxic, easily cleanable, and kept in good repair.

37.4 A licensee shall ensure food preparation areas are cleaned and sanitized after each use.

37.5 A licensee shall ensure appliances, dishes, cups, pots, pans, and utensils in which food was prepared or served are cleaned and sanitized following each meal

nsee shall ensure food service equipment and utensils are constructed of material that is non-toxic, easily cleanable, and kept in good repair.

37.4 A licensee shall ensure food preparation areas are cleaned and sanitized after each use.

37.5 A licensee shall ensure appliances, dishes, cups, pots, pans, and utensils in which food was prepared or served are cleaned and sanitized following each meal.

37.6 A licensee shall ensure floors, walls, and counter surfaces that come into contact with food are made of easily cleanable non-porous materials.

37.7 A licensee shall ensure the kitchen has a cook stove and oven with an appropriately vented hood that is kept in a safe and working condition.

37.8 A licensee shall ensure the kitchen has sufficient lighting and all lights located over, by or within food preparation, serving, and storage areas have safety shields or light covers.

37.9 A licensee shall ensure a facility or program has a refrigerator to keep perishable food, including lunches prepared at home, cold at 41°F or colder, and food stored in a freezer frozen at 0°F or colder.

37.9.1 A working thermometer must be in refrigerators and freezers.

37.9.2 Unused freezer compartments in mini-refrigerators do not need a thermometer.

37.10 A licensee shall ensure the food served is nutritional, clean, wholesome, free from spoilage and contamination, and safe to eat. Prepared food items must be correctly labeled with the contents and date of preparation.

37.11 Food storage areas and appliances must be cleanable and free of food particles, dust, and debris.

37.11.1 All food items must be stored off the floor.

37.11.2 Food must be stored separately from cleaning materials.

37.11.3 Food must be stored in closed or sealed containers that are labeled with the contents and expiration date.

38.0 Water, Food, and Nutrition

38.1 A licensee shall ensure drinking water is always available to children

t be cleanable and free of food particles, dust, and debris.

37.11.1 All food items must be stored off the floor.

37.11.2 Food must be stored separately from cleaning materials.

37.11.3 Food must be stored in closed or sealed containers that are labeled with the contents and expiration date.

38.0 Water, Food, and Nutrition

38.1 A licensee shall ensure drinking water is always available to children.

38.2 A licensee shall ensure that all children are provided nutritionally balanced meals and snacks, and portions suitable to the size and age of the child according to the Dietary Guidelines for Americans recommended by the United States Department of Agriculture.

38.3 A licensee shall ensure that a current written menu is posted in a noticeable location on the premises. Menus listing foods served shall be kept for 30 days. Changes to the food served on a certain date shall be written on the menu on or before that date.

38.4 A licensee shall ensure that alternate meals and snacks are provided for children on special diets when prescribed by a physician or required by religious beliefs or food preferences.

39.0 Administration of Medication

39.1 A licensee shall ensure that only staff trained in Limited Lay Administration of Medications (LLAM) or health care providers, nurses, or other qualified medical health personnel administer medication to children in a facility or program.

39.2 A licensee shall follow the policies and procedures described in LLAM governing the use, storage, and administration or assistance with the self-administration of medications to children

only staff trained in Limited Lay Administration of Medications (LLAM) or health care providers, nurses, or other qualified medical health personnel administer medication to children in a facility or program.

39.2 A licensee shall follow the policies and procedures described in LLAM governing the use, storage, and administration or assistance with the self-administration of medications to children. These policies and procedures shall:

39.2.1 Identify those staff who may administer or assist with the self-administration of medications, in accordance with applicable State laws and regulations;

39.2.2 Prohibit the administration of psychotropic medications unless a physician determines that such medication is clinically indicated;

39.2.3 Prohibit the administration of medication for the convenience of a staff, or as a substitute for appropriate treatment services;

39.2.4 Require that an informed, written consent of the child's parent or referring agency is received and maintained on file before the administration of any medication;

39.2.5 Require the use of a Medication Administration Record (MAR) to document the administration of all medications and medication errors; and

39.2.6 Ensure that any known prescribed medication taken by a child is not changed, altered, or failed to be dispensed without first consulting a physician.

39.3 A licensee shall have, follow, and maintain a written schedule for each child receiving medications.

39.4 A licensee shall ensure that medications are in the original container, properly labeled, and stored in a secure locked area, or as needed, in a locked refrigerated area. Keys to the secure area shall be kept in a location that is inaccessible to children.

led, and stored in a secure locked area, or as needed, in a locked refrigerated area. Keys to the secure area shall be kept in a location that is inaccessible to children.

39.5 A licensee admitting children with prescribed psychotropic medication or with prescribed medication for chronic illness, such as diabetes or asthma, shall ensure that each of these children receive a monthly medical consult. This medical consult shall be conducted by a person licensed as a registered nurse or physician in Delaware and assigned responsibility for overseeing the assistance with medication. The medical consult shall be documented and include the following:

39.5.1 Review of the administration of the child's medication, including determining any problems in taking the medication and developing a plan to remedy those problems if needed;

39.5.2 Assess and monitor the child with regard to the impact of the medication, including whether the medication is having its desired effects and whether the child is experiencing undesired side-effects;

39.5.3 Provide a liaison between staff and the child's physician; and

39.5.4 Provide staff with instruction in the expected outcomes from each child's medication regime and the possible side effects of that medication.

40.0 Hand Washing

40.1 A licensee shall ensure that sinks used for hand washing have liquid soap and paper towels, a mechanical hand dryer, or individual clean cloth towels available for use. If cloth towels are used, a licensee shall ensure that they are washed or replaced daily

truction in the expected outcomes from each child's medication regime and the possible side effects of that medication.

40.0 Hand Washing

40.2 A licensee shall ensure staff members' and children's hands are washed with soap and running water, even if gloves were worn, and dried with a paper towel, mechanical hand dryer, or individual clean cloth towel, as follows:

40.2.1 Before and after: eating or handling food; giving medications, and caring for a child who may be sick;

40.2.2 After: toileting, touching blood, feces, urine, vomit, nasal or other bodily fluids; handling animals, their equipment, or coming into contact with an animal's body fluids; cleaning, and taking out the garbage.

41.0 Standard Precautions

41.1 A licensee shall ensure standard precautions are used to protect against disease and infection. Spills of body fluids (i.e. urine, feces, blood, saliva, and discharges from the nose, eyes, an injury, or other tissue) shall be cleaned up immediately, as follows:

41.1.1 For vomit, urine, and feces on surfaces including floors, walls, bathrooms, tabletops, toys, kitchen counters, the area shall be cleaned with soap and water, and then disinfected.

41.1.2 For blood, blood-containing fluids, and tissue discharges, staff must wear non-porous gloves and not allow contact with any open skin sores or mucous membranes, and the area shall be cleaned with soap and water, and then disinfected.

41.1.3 Bloody material shall be put in a plastic bag, tied securely, and thrown away.

41.1.4 Mops shall be cleaned, rinsed, disinfected, wrung, and hung to dry

41.1.3 Bloody material shall be put in a plastic bag, tied securely, and thrown away.

41.1.4 Mops shall be cleaned, rinsed, disinfected, wrung, and hung to dry.

42.0 Sanitation

42.1 For sanitizing and disinfecting, a licensee shall ensure 1 of the following is used: an EPA-registered product, a commercially prepared product, or a bleach and water solution mixed to the proper concentration. A licensee shall follow the manufacturer's instructions for use. These products shall be labeled with the contents. Their instructions for use shall be available at all times.

42.2 A licensee shall ensure cleaning equipment, including mops and buckets, are cleaned and stored in an area separate from the kitchen and food preparation, serving, and storage areas. Kitchen and bathroom sinks shall not be used for cleaning mops, emptying mop buckets, or for any other purpose not connected with food preparation or handwashing.

42.3 A facility licensed to care for 13 or more children shall have a service sink to use for purposes not connected with food preparation or handwashing.

42.4 A licensee shall ensure that beds, mattresses, and bedding are age-appropriate and assigned to 1 individual child for exclusive use. All bedding shall be cleaned weekly and when soiled or wet.

42.5 A licensee shall ensure the following items or surfaces are cleaned with a soap and water solution and then disinfected, as follows:

42.5.1 After each use: food preparation and eating surfaces, such as counters, tables;

42.5.2 At least daily: toilets and toilet seats, sinks and faucets, drinking fountains, and smooth non-porous floors.

42.6 A licensee shall ensure door knobs and high-touch surfaces in common areas are cleaned with a soap and water solution and sanitized at least daily

solution and then disinfected, as follows:

42.5.1 After each use: food preparation and eating surfaces, such as counters, tables;

42.5.2 At least daily: toilets and toilet seats, sinks and faucets, drinking fountains, and smooth non-porous floors.

42.6 A licensee shall ensure door knobs and high-touch surfaces in common areas are cleaned with a soap and water solution and sanitized at least daily.

43.0 Child Injury or Medical Event

43.1 A licensee shall ensure when an injury occurs to a child while in care of the facility or program, a staff member takes emergency action to protect the child from further harm, calls emergency medical services if needed, and notifies the child's parent or referring agency.

43.1.1 For a serious or potentially serious injury, the child's parent or referring agency shall be notified immediately after staff have taken appropriate emergency action to assist the child.

43.1.2 A licensee shall maintain a written injury report in the child's file or a central log for each incident that includes the name of child, date of injury, description of injury, how it occurred, and first aid or medical care provided.

43.2 In the event of a significant child medical event, such as a seizure, asthma attack, or severe allergic reaction, the child's parent or referring agency shall be notified immediately after staff have taken appropriate emergency action to assist the child, including contacting emergency medical services as needed.

44.0 Emergency Plan

44.1 A licensee shall have and follow a written emergency plan describing procedures for natural and man-made disasters, communicable disease outbreak, and when a child is missing or runs away

arent or referring agency shall be notified immediately after staff have taken appropriate emergency action to assist the child, including contacting emergency medical services as needed.

44.0 Emergency Plan

44.1 A licensee shall have and follow a written emergency plan describing procedures for natural and man-made disasters, communicable disease outbreak, and when a child is missing or runs away. The emergency plan shall include procedures for training staff for both natural and man-made disasters in at least the following areas:

44.1.1 Disaster preparedness, including notification to the fire department with responsibility for responding to a building that it contains a locked seclusion room, if applicable;

44.1.2 Staff's specific responsibilities during a disaster;

44.1.3 Accounting for children and staff;

44.1.4 Relocation process;

44.1.5 Medication access and administration;

44.1.6 Accommodations of infants, toddlers, and children with disabilities or chronic medical conditions; if applicable;

44.1.7 Continuation of services in the period following the emergency disaster;

44.1.8 Contacting appropriate emergency response agencies and the parents or referring agencies; and

44.1.9 Lock down procedures.

44.2 A licensee shall ensure evacuation drills are practiced at least monthly at varied times of the day and night and during varied activities. Drills shall be practiced using different exits throughout the year. Evacuation routes shall be posted in the common areas on each floor level. Each drill shall be documented and include the date and time of the drill; number of children and staff who participated; exits used; and total amount of time necessary to evacuate

monthly at varied times of the day and night and during varied activities. Drills shall be practiced using different exits throughout the year. Evacuation routes shall be posted in the common areas on each floor level. Each drill shall be documented and include the date and time of the drill; number of children and staff who participated; exits used; and total amount of time necessary to evacuate.

44.3 A licensee shall have and follow a written emergency plan describing procedures to shelter-in-place at the facility or program for up to 24 hours due to a natural or man-made disaster that includes a list of emergency supplies kept onsite including a sufficient quantity of non-perishable foods, bottled water, and equipment necessary to serve or prepare foods at the facility or program without the use of electricity.

45.0 First Aid Kits

45.1 A licensee shall have at least 1 complete first aid kit in a location readily accessible to staff but not to children. A first aid kit shall be taken on field trips and program outings.

45.2 A licensee shall ensure contents of the first aid kit located on-site includes the following:

45.2.1 Disposable non-porous gloves;

45.2.2 Scissors;

45.2.3 Tweezers;

45.2.4 A non-glass thermometer to measure a child's temperature;

45.2.5 Bandage tape;

45.2.6 Sterile gauze pads;

45.2.7 Flexible rolled gauze;

45.2.8 Triangular bandage or sling;

45.2.9 Safety pins;

45.2.10 Eye patch or dressing;

45.2.11 Pen/pencil and note pad;

45.2.12 Instant cold pack;

45.2.13 Current American Academy of Pediatrics or AAP standard first aid chart or equivalent first aid guide;

45.2.14 Small plastic, metal, or wooden finger splints;

45.2.15 Non-medicated adhesive strip bandages; and

45.2.16 Plastic bags for cloths, gauze, and other materials used in handling blood

ety pins;

45.2.10 Eye patch or dressing;

45.2.11 Pen/pencil and note pad;

45.2.12 Instant cold pack;

45.2.13 Current American Academy of Pediatrics or AAP standard first aid chart or equivalent first aid guide;

45.2.14 Small plastic, metal, or wooden finger splints;

45.2.15 Non-medicated adhesive strip bandages; and

45.2.16 Plastic bags for cloths, gauze, and other materials used in handling blood.

45.3 In addition to the items listed in subsection 45.2, a first aid kit used on field trips or program outings shall include the following items:

45.3.1 Bottled water;

45.3.2 Liquid soap;

45.3.3 Emergency medications needed; and

45.3.4 List of emergency phone numbers and the Poison Control Center phone number.

46.0 Transportation

46.1 Excluding the use of school buses, a licensee shall ensure only vehicles with a rated capacity as defined by the manufacturer of 10 passengers plus the driver or less may be used to transport children.

46.2 A licensee shall ensure when transporting children that the driver, when employed by the facility or program, and vehicle, when owned or leased by the facility or program, comply with all applicable federal and State laws.

46.2.1 The driver shall be at least 21 years old.

46.2.2 The driver shall have a valid driver's license and vehicle insurance that authorizes the driver to operate the vehicle being driven.

46.2.3 The driver shall have a background check confirming eligibility to be alone with children during transport.

46.2.4 The driver may not transport more children and adults than the vehicle's capacity.

46.3 A licensee shall ensure that companies contracted by the facility to provide transportation services to children follow applicable State and federal laws.

46.4 A licensee shall ensure each child is secured in an individual safety restraint system appropriate to the age, weight, and height of the child at all times while the vehicle, other than a school bus, is in motion

he vehicle's capacity.

46.3 A licensee shall ensure that companies contracted by the facility to provide transportation services to children follow applicable State and federal laws.

46.4.1 Safety restraints must be federally approved and labeled according to the applicable Federal Motor Vehicle Safety Standard.

46.4.2 Child safety restraints must be installed and used as determined by the manufacturer and vehicle's instruction manual.

46.4.3 Safety restraints must be kept in a safe working condition and free of recall.

46.5 A licensee shall ensure vehicles used to transport children have and use the following:

46.5.1 A working heater capable of keeping an interior temperature of at least 50°F;

46.5.2 Air-conditioning to reduce the interior temperature when it exceeds 82°F (school buses are exempt);

46.5.3 A working phone;

46.5.4 A traveling first aid kit including children's emergency contact information; and

46.5.5 A dry chemical fire extinguisher approved by Underwriters Laboratory.

46.6 A licensee shall ensure children are loaded and unloaded at the vehicle's curbside or in a protected parking area or driveway.

46.7 A licensee shall ensure all doors are locked when the vehicle is moving.

46.8 A licensee shall have written parent permission or the referring agency's permission for transportation provided by the facility or program.

46.9 A licensee shall ensure children are never alone in the vehicle and that the vehicle is visually checked at the final location so that no child is left behind.

46.10 A licensee may not transport children in the open back of a truck

ehicle is moving.

46.8 A licensee shall have written parent permission or the referring agency's permission for transportation provided by the facility or program.

46.9 A licensee shall ensure children are never alone in the vehicle and that the vehicle is visually checked at the final location so that no child is left behind.

46.10 A licensee may not transport children in the open back of a truck.

46.11 A licensee that chooses to transport non-ambulatory children with disabilities shall ensure the following additional equipment is provided for all vehicles except automobiles used for transporting children:

46.11.1 A ramp device to permit entry and exit of a child;

46.11.2 A fastening system for wheelchairs that secures the chair to the vehicle floor; and

46.11.3 Adequate aisle space that does not impede access to the exit door.

47.0 Swimming

47.1 A licensee shall ensure all children are under direct supervision while wading or swimming.

47.2 A licensee shall ensure permanent or built-in swimming pools, filtered wading pools, and hot tubs are inaccessible to children when not in use by using a physical barrier with a locking mechanism.

47.3 The water in swimming pools used by children shall be treated, cleaned, and maintained according to DPH regulations.

47.4 The pool and equipment shall be kept in a safe manner and be hazard-free.

47.5 A licensee shall ensure an individual currently certified as a Red Cross Lifeguard or a nationally recognized equivalent is on duty and supervising swimming activities.

48.0 Pets

48.1 A licensee shall ensure pets kept by the facility or program are cared for in a safe and sanitary way.

48.2 A licensee shall keep proof of vaccinations required by State law (currently this is rabies vaccinations for dogs and cats).

48.3 Poisonous or aggressive animals; animals known to be carriers of illnesses, such as ferrets, turtles, iguanas, lizards or other reptiles; birds of the parrot family; or animals sick with a disease that can be spread to humans may not be kept at the facility

ry way.

48.2 A licensee shall keep proof of vaccinations required by State law (currently this is rabies vaccinations for dogs and cats).

48.4 A licensee shall keep containers used for collecting or containing animal feces or urine out of rooms used by children.

48.5 A licensee shall inform parents or referring agency of animals or pets kept by the facility or program.

49.0 Policies and Procedures for Residential Child Care Facilities

49.1 A licensee shall have and follow written policies and procedures governing visits as applicable between children and their parent, relatives, and friends, both at the facility, at the children's own homes, and at other suitable locations. These policies and procedures shall address the days and hours of visits, frequency of visits permitted, any exceptions governing whom the child may visit, and whom to contact to arrange for special accommodations in the event of hardship or emergencies and shall be consistent with applicable State laws, regulations, or court orders.

49.1.1 A facility shall explain the policies to the child and child's parent or referring agency.

49.1.2 A facility shall provide accommodations within the buildings to allow visits with children to be conducted in reasonable privacy, except where the service plan indicates that visits are to be directly supervised, or when the facility has reason to believe that a particular visitor would not be in the best interest of the child.

49.1.3 A facility shall not deny or restrict children's visits in the facility with their parent, relatives, or friends based upon a child's behavior, unless the child's behavior is unsafe or denial of visits based on behavior is specified in the child's service plan

tly supervised, or when the facility has reason to believe that a particular visitor would not be in the best interest of the child.

49.2 A licensee shall include in the visitation policies and procedures provisions for verifying the identity of any visitor not known to the facility and determining the location of overnight visits and the adult responsible for the child's care during the visit before releasing the child.

49.3 A licensee shall have and follow written policies and procedures governing visiting or touring the facility by volunteers, advisory committees or councils, public officials, the media, and the public who are not related to children in care. These policies and procedures shall address:

49.3.1 The process required to get written approval before visiting or touring the facility;

49.3.2 The purpose and extent of such visits or tours;

49.3.3 The days, hours, frequency, and length of visits or tours;

49.3.4 The circumstances and conditions when people may visit or tour, including a requirement that visits or tours are supervised by staff;

49.3.5 Precautions to protect the privacy, health, safety, and well-being of children in care; and

49.3.6 Conditions to ensure that visits or tours do not:

49.3.6.1 Cause a major or serious disruption of services or treatment to children;

49.3.6.2 Interfere with the implementation of the child's service plan;

49.3.6.3 Intimidate or embarrass children or staff; or

49.3.6.4 Seriously interfere with or disrupt program operations.

49.4 A licensee shall have and follow written policies and procedures governing the handling and management of children's money

.3.6.1 Cause a major or serious disruption of services or treatment to children;

49.3.6.2 Interfere with the implementation of the child's service plan;

49.3.6.3 Intimidate or embarrass children or staff; or

49.3.6.4 Seriously interfere with or disrupt program operations.

49.4 A licensee shall have and follow written policies and procedures governing the handling and management of children's money. These policies and procedures shall include provisions on:

49.4.1 The conditions under which a child may have money;

49.4.2 The management of individual monetary accounts when the facility or program stores the money for the child to access, ensuring that there is an accurate record of each child's money including any additions to or deductions from the original amount;

49.4.3 Prohibiting a facility from requiring a child to pay for the cost of a child's own care and treatment, except for the reasonable reimbursement of costs required to pay for purposeful damage to the facility or to another person's property by a child; and

49.4.4 Allowing or assisting with opportunities for a child to earn an allowance or to earn money by working.

49.5 A licensee shall have and follow written policies and procedures ensuring children are offered developmentally appropriate leisure, recreational, and physical activities, including extracurricular, enrichment, cultural, and social activities, if permissible with a child's service plan

49.4.4 Allowing or assisting with opportunities for a child to earn an allowance or to earn money by working.

49.5.1 Each child has ongoing opportunities to participate in at least 1 age-appropriate and developmentally appropriate activity;

49.5.2 Children not be threatened, coerced, or intimidated to participate or engage in any recreation, physical exercise, or leisure time activity, but may be required to attend while not participating in the activity;

49.5.3 Staff provide adequate and appropriate supervision of children engaging in recreation, physical exercise, or leisure time activities and offer instruction, guidance, and support to assist a child in learning to do so in a safe manner;

49.5.4 A list of the types of activities to be offered to children both on and off the premises, if permissible with a child's service plan;

49.5.5 A balanced mixture of planned recreation, physical exercise, and leisure time activities, so that children have a reasonable choice of alternatives in which to participate;

49.5.6 Opportunities for both individual and group activities;

49.5.7 Children shall not engage or participate in high-risk activities unless:

49.5.7.1 A licensee complies with applicable provisions governing such activities, as specified in Sections 80.0 - 86.0; or

49.5.7.2 A licensee uses an existing high adventure activity provider that is certified or approved by an appropriate accrediting agency that assumes responsibility for safety precautions and risk reductions.

49.5.8 Children are prohibited from participating in bungee jumping, hang gliding, parachute jumping, parasailing, and riding in airborne gliders

ies, as specified in Sections 80.0 - 86.0; or

49.5.8 Children are prohibited from participating in bungee jumping, hang gliding, parachute jumping, parasailing, and riding in airborne gliders.

49.5.9 Children only use bathing, biking, boating, camping, canoeing, hiking, kayaking, sailing, swimming, water skiing, white water rafting or other sporting or recreation areas or facilities that comply with applicable provisions of federal, State, and local laws, regulations, and codes.

49.5.10 The reasonable and prudent parent standard is applied when determining whether to allow a child in care to participate in extracurricular, enrichment, cultural, and social activities;

49.5.11 At least 1 staff member is available either on-site or via telephone and authorized to apply the reasonable and prudent parent standard to decisions involving participation in age-appropriate or developmentally appropriate activities. When applying the reasonable and prudent parent standard, the designated staff must consider:

49.5.11.1 The age, maturity, and developmental level of a child in care;

49.5.11.2 The nature and inherent risks of harm; and

49.5.11.3 The best interest of the child.

49.5.12 A written schedule of monthly planned recreation, physical exercise, and leisure time activities be posted in a noticeable location on the premises, and be maintained on file for at least 90 days.

49.6 A licensee shall have and follow written policies and procedures governing the time to be set aside for uninterrupted daily sleep for each child. These policies and procedures shall ensure each child is given the opportunity for at least 8 hours of uninterrupted rest on a daily basis, unless the service plan or health needs of the child indicate otherwise

ntained on file for at least 90 days.

49.7 A licensee shall have and follow written policies and procedures that ensure the following:

49.7.1 Children receive guidance and instruction in personal care and hygiene appropriate to their age, gender, race, and culture;

49.7.2 Children follow personal care and good hygiene practices; and

49.7.3 All necessary hygiene supplies, towels, washcloths, and toiletries are provided to children in harmony with their age, gender, race, and culture.

49.8 A licensee shall have and follow written policies and procedures governing preventative, routine, and emergency dental and medical care, including provisions for effective coordination of such dental and medical care with those responsible for the child's aftercare. These policies and procedures shall include:

49.8.1 Periodic appraisal of the general health of each child;

49.8.2 Initial and continuing health screening procedures;

49.8.3 Emergency procedures; and

49.8.4 Maintenance of health records.

50.0 Staffing and Staff-to-Child Ratio for Residential Child Care Facilities

50.1 A licensee shall ensure no child is present in the facility without being supervised by a staff member.

50.2 A licensee shall ensure when children are present and awake at a facility, there is a minimum staff-to-child ratio of 1 direct care worker for up to 6 children on each floor where children are present.

50.3 A licensee shall ensure when children are taken to an off-site location a staff-to-child ratio of 1 direct care worker for up to 4 children is maintained at all times

ed by a staff member.

50.3 A licensee shall ensure when children are taken to an off-site location a staff-to-child ratio of 1 direct care worker for up to 4 children is maintained at all times.

50.4 When children are sleeping, a licensee shall ensure there is a minimum staff-to-child ratio of 1 direct care worker for up to 8 children on each floor where children are present.

50.5 Staff members shall be awake and available to assist children with their needs. An additional staff shall be on call and able to reach the facility, when called, within 30 minutes.

50.6 A licensee shall ensure a staff member visually observes each child no less than twice per hour when the child is awake and on-site and no less than once per hour while the child is sleeping, unless otherwise stated in the service plan. A licensee shall ensure hourly sleep checks are documented and maintained on electronic or paper file for at least 3 months after the child is discharged.

50.7 A licensee shall ensure when group activities occur, a staff is in a position t

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