14 Del. Admin. Code § 933-IV-25.0
Current through Reigster Vol. 28, No. 6, December 1, 2024
Section 933-IV-25.0 - Substitutes, Volunteers, and Contracted Special Services Persons25.1 Substitutes 25.1.1 A licensee shall ensure a person may be a substitute at age 15 only if attending a high school's early childhood education program. A licensee shall ensure enrollment documentation is on file at the center.25.1.2 A licensee shall have substitute staff members that are at least 16 years old. Documentation of their qualifications to fill a position during the absences of staff is required if alone with children.25.1.3 Substitutes may count toward staff-to-child ratios for one year without being qualified as at least an early childhood intern.25.1.4 A licensee shall ensure a substitute who is not qualified to be alone with children is at all times under the direct observation of at least an early childhood intern or school-age intern, who is at least 18 years old, determined eligible by CHU, and has worked at the center for at least 25 hours each week for at least one month.25.1.5 As described in Section 30.0, a licensee shall ensure each substitute has a complete file.25.1.6 Substitutes working less than 25 hours per week are exempt from having a professional development plan and completing annual training hours.25.2 Volunteers 25.2.1 A licensee shall ensure a person may be a volunteer at age 15 only if attending a high school's early childhood education program. A licensee shall ensure enrollment documentation is on file at the center.25.2.2 A licensee shall ensure volunteers are at least 16 years old if counted toward staff-to-child ratios. Volunteers may count toward staff-to-child ratios for one year without being qualified as at least an early childhood intern.25.2.3 Volunteers providing unpaid services of less than five days or 40 hours a year are not required to have comprehensive background checks or a file and may never be alone with children.25.2.4 A licensee shall ensure volunteers providing unpaid services of at least five days or 40 hours a year are fingerprinted by State Police and complete a comprehensive background check as described in subsection 28.3. Volunteers who had a comprehensive background check and were determined eligible may be alone with children if qualified as at least an early childhood assistant teacher or school-age site assistant. Comprehensive background checks must be conducted every five years.25.2.5 A licensee shall ensure an on-site file is created for each volunteer who volunteers at least five days or 40 hours per year before the volunteer begins to volunteer that includes the following:25.2.5.1 Personal data sheet, containing the person's name, date of birth, home address, and phone number;25.2.5.2 Volunteer start date and end date (as applicable);25.2.5.3 Qualifications certificate, if applicable;25.2.5.4 Health appraisal that includes verification of the person's ability to perform essential job functions. This appraisal must include a TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff. This appraisal must be conducted within one year before a person's start date and submitted within the first month of volunteering. Written evidence of follow-up of any known health conditions of the volunteer that pose a direct threat to the health and safety of children or others and any reasonable accommodations that may be required. This documentation shall be provided to OCCL for the purposes of determining whether the health condition creates a significant risk to children;25.2.5.5 Statement signed by the volunteer stating whether the volunteer has previous convictions, current indictments, or involvement in criminal activity involving violence against a person, child abuse or neglect; possession, sale or distribution of illegal drugs; sexual offense; gross irresponsibility or disregard for the safety of others; or a substantiated case of child abuse or neglect;25.2.5.6 Verification of fingerprinting form completed before the adult volunteer's start date or within five days of a volunteer turning 18 and every five years of volunteering;25.2.5.7 Comprehensive background check results;25.2.5.8 Verification of adult abuse registry check;25.2.5.9 Documentation acknowledging that using alcohol or a drug that could adversely affect job functions, or having illegal drugs or substances, or non-prescribed controlled substances, is prohibited at the center;25.2.5.10 If transporting children, a copy of a current driver's license;25.2.5.11 Written proof of an annual review of safe sleep procedures (for programs serving infants);25.2.5.12 Written proof of an initial and annual review of child abuse and neglect recognition and reporting procedures;25.2.5.13 Orientation form that meets the requirements of Section 32.0 when counting toward staff-to-child ratios and includes documentation that the center's policies and procedures as applicable to assigned duties was reviewed; and25.2.5.14 If counting toward staff-to-child ratios, a professional development plan and record of annual training hours as listed in subsections 33.2 and 33.3.25.2.6 Volunteers working as part of an institution of higher education's degree-granting program and assigned to a center may be present on a provisional basis after completing a State and federal fingerprint check for that center. 25.2.6.1 They must be supervised at all times. When eligibility is determined and if qualified as at least an early childhood assistant teacher or school-age site assistant, they may be alone with children.25.2.6.2 When being fingerprinted, volunteers may list multiple centers on the consent form.25.2.6.3 The fingerprint verifications for these students must be on file at the center.25.2.6.4 A complete file is not required.25.3 Contracted Special Services Persons 25.3.1 A licensee shall ensure individuals providing contracted special services (such as tutoring, computer education, and language lessons) who are not employees of the center are not alone with children, unless they complete a comprehensive background check for the center and are determined eligible. Documentation of eligibility must be on file at the center. Written parent or guardian permission is required for participation in the activity.25.3.2 A staff file is not required for individuals described in subsection 25.3.1.14 Del. Admin. Code § 933-IV-25.0
24 DE Reg. 267 (9/1/2020)
25 DE Reg. 1115 (6/1/2022) (Final)