14 Del. Admin. Code § 933-I-4.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 933-I-4.0 - Definition of Regulated Service

4.1 Early care and education and school-age centers provide care, education, protection, supervision, and guidance for 13 or more children, including children who are related to the licensee. This service is provided to an individual child for less than 24 hours per day and children attend without a parent or guardian. A licensee receives payment for services provided. This definition includes, but is not limited to, full- and part-time child care or daycare, early care and education, preschool, nursery school, before- or after-school care, summer youth camps receiving Purchase of Care funding, and summer child care programs that do not qualify for an exemption, Beginning July 1, 2024, early care and education programs for children below the grade of kindergarten that are operated by public or private schools shall be added to this definition and be licensed. Programs for children below the grade of kindergarten operated by public schools are exempt from certain regulations as stated in Part IX Exemptions for Public Schools.

4.2 An individual, corporation, LLC, organization, entity, program, or agency that operates a center at a public or private school is required to obtain a license unless a public or private school operates the program.

4.3 The following facilities that operate for less than 24 hours per day shall be exempt from licensure under these regulations:

4.3.1 Youth camps that provide care for only school-age children only, are issued permits by the Division of Public Health (DPH), and do not receive funding from Purchase of Care;

4.3.2 An institution, agency, association, or organization under State of Delaware ownership and control;

4.3.3 Religion classes conducted by religious institutions during the summer that do not exceed four weeks;

4.3.4 Programs established in connection with a business, recreation center, or religious institution in which children are provided care for brief periods of time, while a parent or guardian is on the premises and readily accessible at all times;

4.3.5 Programs that offer activities for school-age children who attend at their own discretion on an 'open door' basis, where there is no payment and no agreement, written or implied, between the program and the parent or guardian for the program to be responsible for the care of the child;

4.3.6 Programs that offer school-age care on a limited basis in order to meet an emergency need or special need, or only during school in-service days, school holidays, or school vacations;

4.3.7 Programs that solely provide lessons or classes, such as tutoring, music, dance, sport, or art; or

4.3.8 A public or private school that provides education for children in kindergarten or higher grades in the subjects prescribed for the schools of the State. This school reports to the State Board of Education pursuant to 14 Del.C. § 2704.

4.4 An individual, corporation, LLC, organization, entity, program, agency, or school district may not operate a center or provide child care services as defined in these regulations unless issued a license by OCCL. Until December 31, 2022, anyone who operates a center without a license violates 14 Del.C. §§ 3001A- 3005 A, The Delaware Child Care Act, and shall be fined not more than $100 or imprisoned not more than three months, or both. Beginning January 1, 2023, anyone who operates a center without a license will be fined not more than $1000 or imprisoned not more than six months or both.

14 Del. Admin. Code § 933-I-4.0

24 DE Reg. 267 (9/1/2020)
25 DE Reg. 1115 (6/1/2022) (Final)