14 Del. Admin. Code § 935-3.0
The following words and terms, when used in this regulation, have the following meaning:
"Agreement of understanding" means a contract between OCCL and the licensee by which the licensee agrees to specific terms to maintain licensure.
"Applicant" means the person or entity, such as a company, corporation, business, organization, or agency, that is applying for initial licensure or license renewal of a residential child care facility or day treatment program.
"Behavior supports" means the techniques used by a licensee or staff to help a child achieve positive behavior and to address and correct inappropriate behavior in a constructive and safe manner. The methods used must be in accordance with written policies and procedures governing program expectations, child and staff safety, and the child's service plan.
"Business day" means a weekday Monday through Friday, not including State of Delaware or DOE legal holidays that fall on a weekday.
"Case manager" means a person designated by a licensee who works directly with children, their families, and other relevant individuals and who is primarily responsible for the development, implementation, and review of service plans for the child. This person also works to coordinate care and services to individuals and families.
"Chemical restraint" means the involuntary emergency administration of medication in immediate response to a dangerous behavior.
"Chief administrator" means the person designated by a licensee as having day-to-day responsibility for the overall administration and operation of a facility or program and for assuring the care, treatment, safety, and protection of children.
"Child" means a person who has not reached the age of 18 years or a person who becomes 18 while residing in the facility or participating in the program, who has not reached the age of 22. Child also includes a person enrolled in a State public school or receiving an approved extension to remain in care.
"Child abuse" means to cause or inflict sexual abuse on a child less than 18 years of age; or an act by a person that has care, custody, or control of a child that causes or inflicts physical injury through unjustified force, emotional abuse, torture, exploitation, maltreatment or mistreatment as defined in 10 Del.C. § 901.
"Child sexual abuse" means an act against a child less than 18 years of age that is described as a sexual offense or child exploitation as defined in 11 Del.C. § 8550(2).
"CHU" means the Criminal History Unit in the Department of Services for Children, Youth and Their Families.
"Complaint investigation" means the process followed by OCCL to investigate accusations that a licensee does not comply with these regulations or applicable laws.
"Conference" means a meeting between OCCL and a licensee, chief administrator, or designated representative to discuss serious non-compliance as defined in these regulations or to discuss the denial of a variance request.
"Corrective action plan" means a document listing non-compliance that a licensee must correct, how to correct it, and the date OCCL requires the corrections to be completed. This document serves as written notice of non-compliance with these regulations.
"Denial" means an enforcement action initiated by OCCL to refuse to grant a license after OCCL receives an application. This constitutes refusal of permission to operate.
"Department" means the Department of Education.
"Designated representative" means the person who has been assigned by the applicant or licensee to act on the applicant's or licensee's behalf and granted authority over program operations and to represent the applicant or licensee in dealings with OCCL. This person may sign the application with written authorization from the applicant or licensee.
"Direct care supervisor" means a person assigned responsibility by a licensee for the supervision of direct care workers. A case manager may also serve as a direct care supervisor.
"Direct care worker" means a person designated by a licensee to provide direct care and supervision of children as described in the facility or program's policies.
"Director" means the person responsible for the supervision and administration of OCCL.
"DFS" means the Division of Family Services within the Department of Services for Children, Youth and Their Families.
"DPH" means the Division of Public Health.
"DSCYF" means the Department of Services for Children, Youth and Their Families.
"Enforcement action" means an action taken by OCCL to promote compliance. Enforcement actions are warning of probation, probation, suspension, revocation, and denial.
"Facility" means a residential child care facility.
"Hearing" means the hearing provided to a licensee or applicant when requesting an appeal of OCCL's decision to place the facility on an enforcement action such as warning of probation, probation, suspension, revocation, or denial. A licensee or applicant may provide evidence to contest the action.
"License" means a document issued by OCCL allowing a person or entity to operate a residential facility or day treatment program after demonstrating compliance with these regulations and applicable State laws.
"Licensee" means the person or entity, such as a company, corporation, business, organization, or agency, which has the legal responsibility and authority to operate a residential child care facility or day treatment program.
"Licensing specialist" means an OCCL employee who is responsible for performing regulatory activities including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations.
"Licensing supervisor" means an OCCL employee who is responsible for performing supervisory and regulatory activities including monitoring child care facilities, investigating complaints, monitoring the need for enforcement actions, and making recommendations for licensure as set forth in Delaware Code and these regulations.
"Living unit" means a designated area or space in which a group of children resides or receives care.
"Neglect" means the failure to provide, by those responsible for the care, custody, and control of a child less than 18 years of age, the proper or necessary education as required by law; nutrition; or medical, surgical or any other care necessary for the child's well-being as defined in 10 Del.C. § 901.
"Office of Child Care Licensing" or "OCCL" means the agency within the Department authorized under 14 Del.C. §§ 3001A- 3005A to promulgate and enforce regulations for child care, to license child care facilities, and to develop and implement policies and procedures.
"Parent" means a birth or adoptive parent, legal guardian, or other person having responsibility for, or legal custody, of a child. The term "parent" does not include the referring agency.
"Physical escort" means a temporary touching or holding, without the use of force, of the hand, wrist, arm, shoulder, or back for the purpose of encouraging a child who is agitated to walk to a safe location.
"Physical restraint" means the non-punitive, age-appropriate, time-limited, and reasonable use of physical holding that is required to restrict the movement of a child for the purpose of preventing harm to the child or to others when the child fails to respond to other techniques.
"Plan review" means the document submitted to OCCL by an applicant requesting approval to open a new facility or program or by a licensee for an expansion or renovation of a licensed facility's or program's indoor or outdoor space to ensure compliance with these regulations.
"Positive reinforcement" means an action that when systematically and regularly used following the desired behavior of a child, makes it more likely that the desired behavior will recur.
"Probation" means an enforcement action initiated by OCCL due to the residential child care facility's or day treatment program's serious non-compliance with these regulations. This action directs the licensee to correct non-compliance and maintain compliance or face revocation or denial.
"Program" means a day treatment program.
"Provisional license" means a license issued for a time-limited period under a corrective action plan when a licensee is temporarily unable to comply fully with these regulations. There can be no serious risk to the health, safety, and well-being of children. An extension to the provisional license requires the director's approval.
"Psychotropic medication" means a chemical substance that changes brain function and alters perception, mood, or consciousness.
"Referring agency" means an organization, either publicly or privately operated, that is legally authorized to place a child in a facility or to refer a child to a program.
"Revocation" means an enforcement action initiated by OCCL to rescind a license during the license's effective dates withdrawing permission to operate.
"Seclusion" means the involuntary confinement of a child, age 6 or older, alone in a room or area from which the child is physically prevented leaving due to the child's behavior. This is a time-limited restrictive procedure that typically involves a child being removed from the child's environment by using a physical restraint or physical escort, placing the child in a locked or unlocked room under constant monitoring, and preventing the child from getting out.
"Serious non-compliance" means an action or actions that violate these regulations and presents a significant risk to children. Serious non-compliance includes the following: child abuse or neglect, excessive non-compliance, failing to admit authorized people into the facility, failing to cooperate with an investigation, failing to report abuse or neglect, improper discipline, improper staff-to-child ratios, inappropriate adult behavior, lack of supervision, medication errors, being sanctioned by another agency, providing transportation in an unsafe manner, being under the influence of drugs or alcohol, leaving unqualified staff alone with children, failing to complete background checks as required, having an unsafe building or environment, refusing to sign an agreement of understanding, or failing to comply with a signed agreement of understanding.
"Service letter" means a letter required by the Delaware Department of Labor, 19 Del.C. § 708, are used to determine whether a person seeking employment was counseled, warned, reprimanded, suspended, or discharged as a result of a reasonably substantiated incident involving the person's violent behavior or threat of violence in the workplace, or for abuse, negligence, or neglect of patients, clients, residents, or children.
"Service plan" means a written, prescribed plan that specifies the basis for a child's admission to a facility or program, the techniques to be used to address a child's treatment needs, and goals for family reunification or permanency planning. This plan must identify the people responsible for developing and implementing the plan and the time frames for carrying out the plan while the child resides in the facility or participates in the program.
"Staff member" means any person who is employed by a licensee or any person under contract with a licensee excluding any vendors that do not provide direct care to children.
"Supervision of children" means staff members are physically present in the facility on the same floor level as children and monitoring the children's whereabouts to ensure timely attention to children's actions and needs.
"Suspension order" means a notice issued by OCCL directing a licensee to stop providing child care as of a specific date. While the license is suspended, a licensee may not provide child care.
"Teacher" means a person designated by a licensee to provide direct education services to children.
"Time-out" means the time-limited removal of a child from the child's immediate environment or the time-limited prohibition of a child to participate in an activity, as listed in Section 17.0.
"Trauma-informed care" means a facility or program's structure and treatment framework is grounded in an understanding of and responsiveness to the impact of trauma, that emphasizes physical, psychological, and emotional safety for the child, and that creates opportunities for the child to rebuild a sense of control and empowerment.
"Treatment plan" means a written plan of services included in the service plan to meet the specific treatment goals and needs of a child. The plan includes various services designed, developed, and implemented by a licensee to assist the needs of a child concerning education, health, medical, psychological, social, or other needs.
"Variance" means OCCL's approval for a licensee to meet the intent of a specific licensing regulation in a way that is different from the way the regulation specifies. OCCL will only give this approval when the change will not endanger the health, safety, or well-being of children in care.
"Volunteer" means a person who provides an unpaid service or support to a facility or program. The term "volunteer" shall include student interns.
"Warning of probation" means an enforcement action initiated by OCCL because the facility or program was cited for serious non-compliance. This action directs the licensee to correct non-compliance and maintain compliance or face probation or other enforcement action.
14 Del. Admin. Code § 935-3.0