14 Del. Admin. Code § 933-III-14.0

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

Section 933-III-14.0 - Notification to OCCL

14.1 A licensee shall notify OCCL in writing at least 90 days before the expected closing of the center or a change of ownership, sponsorship, location, center name, capacity, or type of regulated service being provided such as changes the ages of children served.

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

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

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

14.2 A licensee shall notify OCCL in writing within 30 days of a change in governing body as defined in Section 15.0.

14.2.1 If the change in governing body creates a change in the licensee's designated representative, the new designated representative must complete a comprehensive background check, as described in subsection 28.3.

14.2.2 OCCL may seek to suspend or revoke a licensee whose governing body engages in any activity, policy, practice, or conduct that adversely affects or is deemed by OCCL to be detrimental to the education, health, safety, or well-being of children.

14.3 A licensee shall notify OCCL within five business days of the resignation, termination, transfer, or hiring of the early childhood or school-age administrator. An early childhood administrator or staff member shall notify OCCL within 10 business days of the death of the licensee.

14.4 A licensee shall ensure OCCL is called within one business day Monday-Friday from 8:00 AM to 4:30 PM (The caller must speak with someone; leaving a message is not acceptable) in the event of:

14.4.1 A fire, flood, or other disaster causes damage that affects the center's ability to operate safely;

14.4.2 Injury of a child while in the care of a center or accidental ingestion of a medication or drug, when the center is informed the child required medical or dental treatment other than any first aid provided at the center. A licensee shall follow this call with a written report within three business days;

14.4.3 Suspected abuse or neglect of a child while in care (after reporting the suspicion to the 24-Hour Child Abuse Report Line, currently listed as 1-800-292-9582);

14.4.4 A known arrest or conviction of a staff member or licensee;

14.4.5 A child had a reaction to medication requiring medical treatment or received medical treatment because of a medication error such as administering the wrong medication to a child, administering the wrong dose, failure to administer the medication, administering a medication to the wrong child, or administering the medication by the wrong route. The licensee shall follow this call with a written report within three business days;

14.4.6 The phone number of the center changes (must also notify a parent or guardian and staff members);

14.4.7 A child is abducted from the center or is missing while in the center's care; or

14.4.8 An equipment breakdown that threatens the health and safety of children in care, including but not limited to 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.

14.5 The licensee shall immediately call the 24-Hour Child Abuse Report Line (currently listed as 1-800-292-9582) when a child in care dies. After this call, a licensee shall immediately notify OCCL.

14.6 A licensee shall ensure telephone calls from OCCL requiring a response are returned within two business days.

14 Del. Admin. Code § 933-III-14.0

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