14 Del. Admin. Code § 933-IV-30.0

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

Section 933-IV-30.0 - Personnel Files

30.1 A licensee shall have an on-site confidential paper or accessible electronic file for each staff member and substitute. This file must be available upon request for at least three months after employment ends. Except as noted, all file contents are required at the start of employment and must include the following:

30.1.1 Personal data sheet, completed application, or résumé containing the person's name, date of birth, home address, and phone number;

30.1.2 Date of employment and termination or resignation date (as applicable);

30.1.3 Two references from adults who are not related to the person who can verify the person is of good character and can meet the needs of children. These references can be letters or written notes gathered by calling the reference. Phone references require the reference's name, phone number, date called, information about the staff member's character and if the reference has knowledge about how the person works with children, and the name of the person receiving the reference;

30.1.4 Release of employment history form and received Service Letters or documentation showing two requests and follow-up for Service Letters has been made. If the person has not worked or if unable to get at least one completed Service Letter, two additional reference letters or phone references are required;

30.1.5 Statement signed by the staff member stating whether the staff member 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;

30.1.6 Documentation acknowledging that using alcohol or a drug that could adversely affect job functions, or having illegal drugs, substances, or non-prescribed controlled substances, is prohibited in the center;

30.1.7 Orientation form that includes documentation of training in topics as listed in Section 32.0;

30.1.8 Copy of job description;

30.1.9 Verification of fingerprinting form completed before the adult staff member's start date or within five days of a staff member turning 18 and verification of fingerprinting every five years of employment;

30.1.10 Comprehensive background check eligibility letter and additional eligibility letters every five years of employment;

30.1.11 Adult abuse registry check;

30.1.12 Health appraisal on file within the first month of employment, conducted within one year before the start date. This appraisal must confirm the individual's health and document medical or physical conditions that may limit the person's ability to perform child care or have direct access to children and any reasonable accommodations that may be required. Written evidence of follow-up of any known health condition of the staff member 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;

30.1.13 TB test or medical professional risk assessment that verifies the person does not pose a threat of transmitting tuberculosis to children or other staff on file within the first month of employment, conducted within one year before the start date;

30.1.14 Written proof of an annual review of safe sleep procedures (for programs serving infants);

30.1.15 Written proof of an initial and annual review of child abuse and neglect recognition and reporting procedures;

30.1.16 Professional development plan within three months of hire, if applicable;

30.1.17 Qualifications certificate, if applicable;

30.1.18 Current first aid and CPR certifications within two months of hire, if applicable;

30.1.19 Administration of medication certificate and record of annual training hours, if applicable; and

30.1.20 If transporting children, a copy of a current driver's license.

14 Del. Admin. Code § 933-IV-30.0

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