14 Del. Admin. Code § 933-I-3.0
The following words and terms, when used in this regulation, have the following meaning unless the context clearly indicates otherwise:
"Administration of medication certificate" means a document issued by OCCL that gives permission for a staff member to administer medication to children in care as described in the Administration of Medication Self-Study Guide.
"Agreement of Understanding" means a document that is part of a corrective action plan or used when necessary to ensure regulation compliance. This document contains requirements the licensee must follow to maintain licensure.
"Applicant" means the individual or entity, such as a company, corporation, business, organization, school, or agency, seeking a license to operate an early care and education and school-age center.
"Blood lead screening" means a capillary blood lead test, including where a drop of blood is taken from a finger or heel of the foot.
"Business day" means a weekday Monday through Friday not including State of Delaware legal holidays that fall on a weekday.
"Center" means the licensed early care and education or school-age center located in one or more buildings at the address listed on the application. Beginning July 1, 2024, this definition will include centers located in a public school or private school serving children below kindergarten.
"Child" means a person who has not reached the age of 18 years.
"Child abuse" means to cause or inflict sexual abuse on a child; or an act by a person that has care, custody, or control of a child that causes or inflicts physical injury through unjustified force, emotional abuse, torture, exploitation, maltreatment or mistreatment as defined in 10 Del.C. § 901.
"Child care" or "early care and education" means the providing of care, education, protection, supervision, or guidance of children in a center.
"Child neglect" means the failure to provide, by those responsible for the care, custody, and control of the child, the proper or necessary education as required by law; nutrition; or medical, surgical, or any other care necessary for the child's well-being as defined in 10 Del.C. § 901.
"Child sexual abuse" means an act against a child that is described as a sexual offense or child exploitation as defined in 11 Del.C. § 8550(2).
"Child with disabilities" means a child diagnosed by a qualified professional as having a physical, intellectual, emotional, or developmental disability, or chronic medical condition.
"CHU" means the Criminal History Unit in the Department of Services for Children, Youth and Their Families.
"Clock hours" means the actual number of hours a person spends attending the instructional portion of a training designed to develop or enhance early care and education and school-age competencies.
"Complaint investigation" means the process followed by OCCL to investigate accusations that a licensee is not complying with these regulations or applicable laws.
"Compliance review" means an inspection of the center, grounds, and files to determine compliance with these regulations.
"Comprehensive background check" means a State of Delaware and federal (national) fingerprinted report of a person's entire criminal history including a search of the National Crime Information Center's National Sex Offender Registry; and a search of state criminal, sex offender, and child abuse and neglect registries, repositories, or databases in the state where the person resides, and in each state in which the person resided during the past five (5) years.
"Conference" means a meeting between OCCL and a licensee to discuss serious non-compliance as defined in these regulations or to discuss the denial of a variance request.
"Corrective action plan" means a document listing non-compliance that a licensee must correct, how to correct it, and the date OCCL requires the corrections to be completed. This document serves as written notice of non-compliance with these regulations.
"CPSC" means the U.S. Consumer Product Safety Commission.
"Denial" means the process of refusing to grant a license after OCCL receives an application. This constitutes refusal of permission to operate.
"Department" or "DOE" means the Delaware 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 child care" means the providing of care, education, protection, supervision, or guidance of children.
"Direct observation" means that staff members are physically present in the same room or area with children or other staff members, visually monitoring the interactions of children or staff members, and alert to problems that may occur.
"Division" means the Division of Family Services within the Department of Services for Children, Youth and Their Families.
"DPH" means the Delaware Division of Public Health.
"Early childhood administrator" means a staff member with direct responsibility for the center's total program of services provided to children and their families, and when applicable, the administrative aspects. This person may develop and evaluate curriculum and monitors implementation of curriculum and daily activities for children or approves curriculum if developed by at least an early childhood teacher. This person supervises all staff members and meets the qualifications listed in these regulations.
"Early childhood aide" means a staff member who performs direct child care duties in this time-limited, entry-level position. This person works under the supervision of at least an early childhood teacher and the direct observation of at least an early childhood intern who is at least 18 years old, determined eligible by CHU, and has worked at the center for at least 25 hours per week for at least one month. This person has not completed the accepted training required for the position of early childhood intern and may never be alone with children. This person meets the qualifications listed in these regulations. This person will only count in staff-to-child ratios during the first year of employment at a center.
"Early childhood assistant teacher" means a staff member who performs direct child care duties. This person works under the supervision of at least an early childhood teacher and assists in the implementation of curriculum. This person may supervise early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications listed in these regulations.
"Early childhood caregiver" means a staff member who was formerly qualified by January 1, 2009, as a caregiver at a center licensed before January 1, 2007. This person may transfer to a center licensed before January 1, 2007, that is owned by the same licensee. This person works under the supervision of at least an early childhood teacher. This person performs direct child care duties and assists in the implementation of curriculum. This person may supervise early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications listed in these regulations.
"Early childhood curriculum coordinator" means a person who was previously qualified as an early childhood curriculum coordinator before the implementation of these regulations. Persons previously qualified as early childhood curriculum coordinators may function in the position of an early childhood teacher
"Early childhood intern" means a staff member who performs direct child care functions and related duties and meets the qualifications listed in these regulations. This person works under the direct observation of at least an early childhood assistant teacher, but may be alone with children as listed in these regulations.
"Early childhood teacher" means a staff member who performs direct child care duties. This person works under the supervision of an early childhood administrator and is immediately responsible for the direct care, supervision, guidance, and education of children at a center. This person may develop the curriculum and implements the curriculum and daily activities for a group of children. This person may supervise early childhood assistant teachers, early childhood caregivers, early childhood interns, early childhood aides, volunteers, and substitutes and meets the qualifications listed in these regulations.
"Enforcement action" means an action taken by OCCL to promote compliance such as warning of probation, probation, suspension, revocation, or denial.
"Experience" means the practical knowledge or skill gained from documented direct participation in working with children birth through second grade in a group setting for early care and education positions or with children kindergarten through sixth grade in a group setting for school-age positions.
"Field trip" means a trip or program activity off the licensed site and is not a routine program outing.
"Governing body" means the person or group of people with ultimate responsibility for and authority over the operation of a center, as for example, an owner or Board of Directors.
"Group size" or "maximum group size" means the number of children permitted by these regulations to be assigned to a specific staff member or group of staff members, occupying an individual classroom or well-defined physical space within a large room.
"Hazardous material" means any item or agent (biological, chemical, radiological, and/or physical), that has the potential to cause harm to humans, animals, or the environment, by itself or through interaction with other factors.
"Health care provider" means a professional who practices medicine with or without supervision and is sanctioned by an established licensing body. The most common types of health care providers include physicians, advanced practice nurses or nurse practitioners, and physician assistants.
"Hearing" means the hearing provided to a licensee or applicant when requesting an appeal of OCCL's decision to place the facility on an enforcement action such as warning of probation, probation, suspension, revocation, or denial. A licensee or applicant may provide evidence to contest the action.
"Individualized educational program" or "IEP" means a document written at least yearly which describes the services and supports needed for a child identified for special education usually for a child age three (3) years and older.
"Individualized family service plan" or "IFSP" means a document written at least yearly about the required services for an infant or toddler (ages birth-to-two years) with an identified disability.
"Infant" means a child less than 12 months old.
"License" means the document issued by OCCL granting authority to a licensee at the center's location to operate under applicable State laws.
"Licensee" means the individual or entity, such as a company, corporation, organization, business, school district, or agency, legally responsible for a licensed center.
"Licensing specialist" means an OCCL employee who is responsible for performing regulatory activities including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations.
"Licensing supervisor" means an OCCL employee who is responsible for supervising licensing specialists. This person may perform regulatory actions and ensures licensing specialists are performing regulatory activities. This person approves complaint investigations, enforcement actions, and licenses.
"Licensure" means the status of a licensee when OCCL issued a child care license when the applicant demonstrated compliance with these regulations and applicable codes, regulations, and laws.
"Office of Child Care Licensing" or "OCCL" means the agency within the Department authorized under 14 Del.C. §§ 3001A- 3005 A to promulgate and enforce regulations for child care, to license child care facilities, and to develop and implement policies and procedures.
"Overnight care" means care for a child between the hours of 10 PM and 6 AM, when four or more hours are during a child's normal sleeping hours.
"Parent" or "Guardian" means a birth or adoptive parent, legal guardian, or other person having responsibility for, or legal custody of, a child.
"Plan review" means the document submitted by an applicant to OCCL requesting approval to open a new center or by a licensee for an expansion or renovation of a licensed building's indoor or outdoor space to ensure compliance with these regulations.
"Preschool-age child" means a child age three through five who is not yet attending kindergarten or a higher grade. If a child is older than age five and is not yet attending kindergarten or a higher grade, OCCL considers that child in the preschool-age group.
"Probation" means an enforcement action initiated by OCCL due to the center being cited for serious non-compliance with these regulations.
"Professional development" means training and education designed to improve and increase the abilities of staff members.
"Provisional license" means a license issued for a time-limited period when the licensee has not achieved regulatory compliance and there is no serious risk to the health, safety, or well-being of children. The licensee must agree to comply with a corrective action plan or an agreement of understanding. An extension beyond this time requires the OCCL director's approval.
"Quality-assured training" means training that is monitored to ensure that the content of the training is research-based and aligned with State standards for the field.
"Regulation" means the minimum standard established by OCCL that is required for a particular aspect of child care.
"Revocation" means the process of rescinding a license during the license's effective dates withdrawing permission to operate.
"Routine program outing" means an activity occurring at least weekly that appears on the posted classroom activity schedule and involves children leaving the center's premises such as a routine walk to a playground, a library, or a walk around the block.
"School-age administrator" means a staff member of a school-age center with direct or supervisory responsibility for the school-age center's total program of services provided to children and their families including, when applicable, the administrative aspects. This person develops and evaluates curriculum and implements or monitors implementation of curriculum and daily activities for children at the school-age center. This person supervises all school-age staff members and meets the qualifications listed in these regulations.
"School-age aide" means a staff member of a school-age center who performs direct child care duties in this time-limited, entry-level position. This person works under the supervision of at least a school-age administrator and the direct observation of at least a school-age intern who is at least 18 years old, determined eligible by CHU, and has worked at the center for at least 10 hours per week for at least one month. This person has not completed the accepted training required for the position of school-age intern, may never be alone with children, and meets the qualifications listed in these regulations. This person will only count in staff-to-child ratios during the first year of employment at a center.
"School-age care" means care, education, protection, supervision, or guidance for school-age children before or after school, during school holidays, or during summer months.
"School-age center" means a center that exclusively provides care for school-age children.
"School-age child" means a child who attends or has attended kindergarten or a higher grade.
"School-age intern" means a staff member of a school-age center who performs direct child care duties and meets the qualifications listed in these regulations. This person works under the direct observation of at least a school-age site assistant, but may be alone with children as listed in these regulations.
"School-age site assistant" means a staff member of a school-age center who performs direct child care duties. This person works under the supervision of at least a school-age site coordinator and assists in the implementation of curriculum. This person may supervise school-age interns, school-age aides, volunteers, and substitutes. This person meets the qualifications listed in these regulations.
"School-age site coordinator" means a s person who was previously qualified as a school-age site coordinator before the implementation of these regulations. Persons previously qualified as a school-age site coordinator may function in the position of a school-age administrator.
"Secretary" means the Secretary of the Department of Education.
"Section 504 Plan" means a document describing accommodations provided to a child with a disability to ensure full participation at the center.
"Serious injury" means any impact or injury to a child's face or head, or any physical injury that creates a substantial risk of death or causes serious and prolonged disfigurement, prolonged impairment of health, or prolonged loss or impairment of the function of a body part.
"Serious non-compliance" means an action or actions that violate the terms of a license and presents a significant risk to children. Serious non-compliance includes, but is not limited to the following: child abuse or neglect, excessive non-compliance, failing to admit authorized people into the facility, failing to cooperate with an investigation, failing to report abuse or neglect, improper discipline, improper release of children, improper staff-to-child ratios, inappropriate adult behavior, lack of supervision, medication errors, having no administrator, being over-capacity, participating in fraud or making false statements, safe sleep violations, being sanctioned by another agency, providing transportation in an unsafe manner, being under the influence of drugs or alcohol, leaving unqualified staff alone with children, failing to complete comprehensive background checks as required, having an unsafe building or environment, violating an agreement of understanding, or refusing to sign an 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.
"Staff member" means a full- or part-time employee of a center and all substitutes.
"Substitute" means a paid staff member who is temporarily filling in for a position during the absence of a permanent staff member. This person works under the supervision of at least an early childhood teacher or school-age site assistant who is designated as responsible for the school-age center. If not qualified to be alone with children, the substitute must work under the direct observation of at least an early childhood assistant teacher, early childhood caregiver, or school-age site assistant.
"Successful completion" means earning at least a grade of C- or its equivalent in early childhood education or child development course work from a regionally accredited college or university or completion of a quality-assured training course.
"Supervised experience" means completion of the process specified by OCCL to reduce the amount of experience required to qualify for specific early childhood and school-age positions.
"Supervision of children" means the correct number of staff members are physically present in the area or room, including outside, with children. Supervision includes providing watchful oversight and timely attention to children's actions and needs.
"Supervision of staff" means performing monitoring and evaluation of assigned staff, which includes the observation of interactions of assigned staff members with children and families, and staff's adherence to these regulations and the center's policies and procedures. When performing monitoring functions, supervisory staff members must be physically present in the same room or area as assigned staff members and directly observe staff to monitor on-going interaction with children.
"Suspension order" means a notice issued by OCCL directing a licensee to stop providing child care as of a specific date. While the license is suspended, a licensee may not provide child care.
"Toddler" means a child at least 12 months old and less than 36 months old.
"Training" means an organized professional development activity that is accepted by OCCL as designed to develop or enhance the early care and education or school-age competencies.
"Variance" means OCCL's approval for a licensee to meet the intent of a specific licensing regulation in a way that is different from the way the regulation specifies. OCCL will only give this approval when the change will not endanger the health, safety, or well-being of children in care.
"Volunteer" means a person who provides an unpaid service or support to a center. Unless qualified to be alone with children as stated in these regulations, volunteers must be directly supervised at all times by at least an early childhood assistant teacher, early childhood caregiver, or school-age site assistant.
"Warning of probation" means an enforcement action initiated by OCCL because the center was cited for serious non-compliance.
"Youth camp" means a child-serving entity having custody or control of one or more school-age children, unattended by parent or guardian, to provide a program of recreation, athletics, education, or religious instruction or guidance. This youth camp operates for up to 12 weeks during the months of June through September or during school in-service days, school holidays, or school vacations.
14 Del. Admin. Code § 933-I-3.0
25 DE Reg. 1115 (6/1/2022) (Final)