14 Del. Admin. Code § 936-I-15.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 936-I-15.0 - Program, Location, and Records15.1 A licensee shall have a description of an agency's philosophy, purpose, and program. This description shall outline services provided by an agency and each method of service delivery. This description shall be available to referral sources and the public upon request.15.2 A licensee shall have a permanently staffed office in Delaware. The office shall have space and equipment necessary to provide the services listed in an agency's program description and to ensure privacy during a client interview.15.3 A licensee shall have a working phone at each agency location and a publicly listed phone number.15.4 A licensee shall annually develop and implement a financial plan to ensure the program and services continue, the children receive proper care, and the agency complies with these regulations.15.5 A licensee shall obtain an annual audit of all financial accounts. A privately operated agency shall have an audit conducted by an independent certified public accountant. A government-operated agency shall have an audit conducted as required by statute.15.6 A licensee shall keep records as property of an agency.15.7 A licensee shall keep current or active client records in Delaware.15.8 A licensee shall maintain each record in a consistent order and layout to help authorized staff members locate information.15.9 A licensee shall maintain the confidentially of each client's case record. A licensee shall document that each staff member and volunteer with access to client information must keep the client's information private. 15.10 A licensee shall not release a child's information without the voluntary written consent of a birth parent or guardian or court order, except to the child, his or her birth parent or guardian, their respective legal counsel, or an authorized public official in the performance of mandated duties. A licensee shall be able to release information necessary for the purpose of adoption and foster care planning, recruitment, post-placement, and post-finalization services.15.11 Upon request, a licensee shall make available information in a child's case record to the child, his or her birth parent or guardian, and their respective legal counsel when the requested information does not contain material that violates the privacy rights of another person or the material should be withheld according to other laws or by court order. 15.11.1 A licensee may withhold information from a child or a birth parent or guardian when the information is considered, in the opinion of an authorized and informed professional, potentially damaging to the child.15.11.2 A licensee shall have a procedure for a child or a birth parent or guardian to appeal decisions to withhold information.15.12 A licensee may use material from a case record after removing all identifying information for teaching or research purposes. A licensee may also use this material to develop the governing body's understanding and knowledge of the agency's services.15.13 A licensee shall not intentionally use documents known to be false, make statements known to be false, or conceal facts in the process of placing a child.14 Del. Admin. Code § 936-I-15.0
24 DE Reg. 274 (9/1/2020) (final)