14 Del. Admin. Code § 935-21.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 935-21.0 - Personnel and Volunteer Files21.1 A licensee shall have a personnel file for each staff and volunteer who works with children at least 5 days or 40 hours a year. This file shall be available upon request. Except as noted, all file contents are required at the start of employment or volunteering and shall include the following: 21.1.1 Completed application or résumé containing the person's name, date of birth, home address, and phone number;21.1.2 Work or volunteer start date, and end date, if applicable;21.1.3 Two references from adults not related to the person who can verify the person is of good character and respects and understands the needs of children and their families. 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 person's character and interactions with children and families, if known, and the name of person receiving the reference;21.1.4 Release of employment history form and received service letters, or documentation showing requests and follow-up for service letters have been made. If the person has not worked or if unable to get at least 1 completed service letter, 2 additional reference letters or phone references are required;21.1.5 Proof of qualifications, education, and applicable professional credential or certification;21.1.6 Health appraisal within the first month of employment conducted within one year before the start date. This appraisal shall confirm the individual's health and document medical or physical conditions that are job related 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 in accordance with the Americans with Disabilities Act;21.1.7 TB test or medical professional risk assessment within the first month of employment or volunteering conducted within 1 year before the start date, with further testing if a health care professional has concerns regarding the staff member's health;21.1.8 A statement signed by the person stating the person's status regarding all previous convictions; current indictment or involvement in criminal activity involving violence against a person; child abuse or neglect; possession, sale, or distribution of illegal drugs; sexual misconduct; gross irresponsibility or disregard for the safety of others; serious violations of accepted standards of honesty or ethical behavior; or a case of child abuse or neglect substantiated by DFS or the respective responsible entity in another state or country;21.1.9 Documentation of a fingerprinted background check as described in subsection 18.3. A person shall have no unsupervised contact with a child until the facility or program receives an eligibility determination from CHU;21.1.11 Documentation acknowledging the person is aware that the use of alcohol or a drug that could negatively affect essential job functions; unlawful possession, manufacture, or distribution of alcohol or drugs; or possession of a controlled substance is prohibited while working;21.1.12 Documentation of the receipt of a facility's or program's policy manual, including verification of client confidentiality policies;21.1.13 If transporting children, a copy of the current driver's license and proof of vehicle insurance;21.1.14 Job description for the current position;21.1.15 If working with children, documentation of an orientation that is completed before working alone with children that includes the following topics and the opportunity to ask questions and receive clarification. The topics shall include: 21.1.15.1 The purpose, policies, and procedures, including those governing behavior supports including de-escalation skills training, crisis prevention and management skills, disciplinary techniques that are non-punitive in nature and are focused on helping children build positive personal relationships and self-control;21.1.15.2 Trauma-informed treatment;21.1.15.3 Suicide prevention;21.1.15.4 The staff member's job duties;21.1.15.5 Emergency procedures including the location of emergency exits, emergency equipment, and first aid kits; calling in an additional staff, securing the assistance of law enforcement or emergency personnel, and assigning roles in response to an emergency;21.1.15.6 Current disaster plan, including where staff members and children would evacuate to if required to evacuate to a nearby area and one location out of the area; a list of items to take if evacuated including medication, medical equipment, and other necessities;21.1.15.7 The role of staff and volunteers in client service delivery and the protection of children;21.1.15.8 The Delaware child abuse and neglect law and reporting requirements;21.1.15.9 Information on other federal or State laws or regulations applicable to children and families who are clients of the facility or program, including non-discrimination against a child based the child's race or color, sex, sexual orientation, age, national origin, disability, religion, or pregnancy;21.1.15.10 Applicable licensing regulations and the location of the regulations at the facility or program for review;21.1.15.11 Cultural awareness, responsiveness, and sensitivity;21.1.15.12 Sex trafficking signs, symptoms, prevention, and supports;21.1.15.13 Reasonable and prudent parent standard training for designated staff members and age-appropriate and developmentally appropriate activities for a child in care; and21.1.15.14 Procedures for complaint investigations.21.1.16 Staff disciplinary actions, if applicable;21.1.17 Record of annual training hours, including certificates and transcripts, if applicable; and21.1.18 Annual performance evaluation signed and dated by the staff and supervisor.14 Del. Admin. Code § 935-21.0
27 DE Reg. 599 (2/1/2024) (Final)