14 Del. Admin. Code § 933-IV-28.0
Current through Register Vol. 28, No. 3, September 1, 2024
Section 933-IV-28.0 - General Qualifications28.1 A licensee shall ensure each staff member has an understanding of and respect for children and their needs. This includes an understanding of and respect for a child's family and culture.28.2 A licensee shall ensure using alcohol or a drug that could adversely affect job functions, or having illegal drugs, substances, or a non-prescribed controlled substance is prohibited in the workplace.28.3 A licensee shall ensure a staff member schedules a fingerprinting appointment with Delaware State Police and is fingerprinted for a Delaware SBI and FBI check before the start of employment. Beginning January 1, 2023, a licensee shall ensure a staff member is fingerprinted and the licensee has received an eligibility determination or a provisional eligibility notification before the start of employment. 28.3.1 Staff members shall provide the fingerprint verification form to the licensee before working with children. Beginning January 1, 2023, a licensee shall ensure a staff member is fingerprinted and the licensee has received an eligibility determination or a provisional eligibility notification before the start of employment.28.3.2 In addition to the Delaware fingerprinting, staff members who currently reside outside of Delaware must contact their state of residence and complete a fingerprinted state criminal history search and a name-based child abuse and neglect search.28.3.3 Staff members who have resided outside of Delaware in the last five years shall contact each state of residence, and request a criminal history search and a name-based child abuse and neglect search.28.3.4 After the out-of-state searches are completed, the early childhood or school-age administrator shall submit the results immediately to the Criminal History Unit (CHU).28.3.5 While waiting for the results of the background check, a staff member must be supervised at all times by a person who has completed the background check process and been determined eligible.28.3.6 A staff member may not be alone with children until CHU reviews the comprehensive background check and determines eligibility.28.3.7 A licensee shall ensure results of all record checks are placed in the staff member's file.28.3.8 A licensee shall ensure staff, substitutes, volunteers, and contracted special service persons who require comprehensive background checks obtain each required component of the comprehensive background check every five years of employment or association with the center.28.4 A licensee shall complete an adult abuse registry check through the Department of Health and Social Services' website (currently listed as https://dhss.delaware.gov/dhss/dhcq/Default.aspx) for staff members before their start date. A licensee shall ensure the results are printed and placed in the staff member's file.28.5 A licensee may not own or be employed at a center if the licensee is prohibited from working in child care in Delaware, based on both State law and the federal Child Care Development Block Grant Act. Applicants and licensees who have a child or children currently or permanently removed from their custody because of abuse, neglect, or dependency are prohibited from providing child care.28.5.1 A licensee shall comply with the DELACARE Regulations - Background Checks for Child-Serving Entities.28.5.2 A licensee may not employ or retain a person who is prohibited from working in child care in Delaware based on both the State law and the federal Child Care Development Block Grant Act. If a person is determined ineligible, the licensee shall make the final determination on whether to hire or retain the person.28.5.3 The licensee may not employ or retain in any capacity a person convicted of an offense defined as child sexual abuse in 11 Del.C. § 8550; or who is on the Child Protection Registry at a Level III or Level IV.28.5.4 When known, the licensee may not employ or retain in any capacity a person whose child or children are currently removed from this person's custody because of abuse or neglect.28.5.5 After receiving an eligibility determination, a person who is determined ineligible or prohibited under the DELACARE Regulations - Background Checks for Child-Serving Entities, is entitled to an administrative review for reconsideration. 28.5.5.1 If the person requests an administrative review, the licensee and the person shall be bound by the final eligibility decision of the administrative review.28.5.5.2 If a person is determined ineligible, the licensee shall make the final determination on whether to hire or retain the person.28.5.5.3 If a person is determined prohibited, the person may not work in child care.28.6 A licensee shall require staff members to be truthful when providing information to parents/guardians and OCCL.14 Del. Admin. Code § 933-IV-28.0
24 DE Reg. 267 (9/1/2020)
25 DE Reg. 1115 (6/1/2022) (Final)