Statutes, codes, and regulations
Delaware Administrative Code
Title 14 - EducationSpecial PopulationsDELACARE: Regulations for Early Care and Education and School-Age Centers
Part II - LICENSING PROCESS AND PROCEDURES
Section 933-II-12.0 - Complaints

14 Del. Admin. Code § 933-II-12.0

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Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 933-II-12.0 - Complaints
12.1 OCCL shall investigate when a complaint is received regarding a possible violation of these regulations.
12.2 OCCL shall notify the licensee or a staff member that a complaint is being investigated at an unannounced visit.
12.3 OCCL shall report the results of the investigation in writing.
12.4 If the complaint is substantiated or if other violations are found during the investigation, a licensee shall correct the violations and come into compliance with these regulations.
12.4.1 Within five days of receiving the complaint investigation report, a licensee may dispute citations or findings by contacting a licensing supervisor to request a conference or by discussing the citations over the phone.
12.4.2 A licensee may provide evidence that the facility was wrongly cited.
12.4.3 After the conference or phone conversation, the supervisor will then discuss the information with the licensing specialist and determine whether to remove the non-compliance from the corrective action plan.
12.5 Complaints relating specifically to laws, rules, or regulations of other governmental entities (including but not limited to the Americans with Disabilities Act and Delaware Equal Accommodations Law) 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 and shall request a report of the findings at the conclusion of the investigation. OCCL may adopt another enforcement entity's findings as the basis for an OCCL enforcement action.
12.6 An investigation by the Department of Services for Children, Youth, and Their Families' Institutional Abuse Unit will be made if a complaint is received regarding the abuse or neglect of a child at the center by a staff member.

14 Del. Admin. Code § 933-II-12.0

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