16 Del. Admin. Code § 3375-2.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 3375-2.0 - Licensure Requirements

2.1 Separate licenses are required for centers maintained in separate locations, even though operated under the same management.

2.2 License is not transferable from person to person nor from one location to another.

2.3 License will be conspicuously posted.

2.4 All applications for renewal of licenses shall be filed with the Department of Health and Social Services at least thirty (30) days prior to expiration.

2.4.1 Annual license. An annual license may be renewed yearly if the holder is in full compliance with this chapter and the rules and regulations of the Department of Health and Social Services.

2.4.2 Provisional license. A provisional license shall be granted for a term of 90 days only and shall be granted only to a facility which, although not in full compliance, is nevertheless demonstrating evidence of improvement.

2.4.3 Restricted license. A restricted license shall be granted for a term of 90 days when the facility is not in compliance with this chapter, and does not demonstrate evidence of improvement. The holder of a restricted license may not admit patients to the facility to which the restricted license applies during the period of restriction, but the facility may remain in operation until such license is revoked, expires, becomes annual or provisional.

2.4.4 Fees. The application fee is $100.00 and the annual license fee is $50.00

2.5 No rules will be adopted by the licensee which are in conflict with these regulations.

2.6 The Department of Health and Social Services will be notified, in writing, of any changes in the Medical Director or Nursing Director.

2.7 Authorized staff from the Department of Health and Social Services and the Department of Services for Children, Youth and Their Families shall have access to facility, staff, children receiving services and client records.

2.8 The Department of Health and Social Services may revoke, suspend, deny, restrict or make provisional a license for reasons which include, but are not limited to:

2.8.1 Failure to comply with the provisions of 16Del.C.122 (q) and the Department's rules and regulations pertaining to the law; or

2.8.2 Violation of the terms and conditions of a license; or

2.8.3 Use of fraud or misrepresentation in obtaining a license or in the subsequent operation of the facility; or

2.8.4 Refusal to furnish the Department with files, reports or records as required by the law; or

2.8.5 Refusal to permit an authorized representative of the Department to gain admission to the Center during operating hours; or

2.8.6 Any conduct or practice, engaged in or permitted, which adversely affects or presents a serious or imminent danger to the health, safety and wellbeing of any child attending the Center; or

2.8.7 Any conduct or practice which is in violation of State law related to abuse or neglect of children.

2.9 Appeals

2.9.1 Any person or Center who has been denied a license or whose license has been revoked, suspended or restricted shall be notified in writing of the reason(s) for such a decision and setting forth the person's or Center's right to an appeal of the decision.

2.9.2 Any person or Center who has been denied a license or whose license has been revoked, suspended or restricted by the Department of Health and Social Services, shall be entitled to a hearing and a review before the Department of Health and Social Services or its designee.

2.9.3 The Department of Health and Social Services shall give ten (10) days notice specifying reasons for proposed revocation, suspension, restriction or denial before a revocation, suspension, restriction or denial occurs. If a request for a hearing, either written or verbal, is received within the ten-day period, a hearing shall be held within 30 days.

2.9.4 The Department of Health and Social Services or its designee may change the status of a license to provisional without affording the licensee the benefit of a special hearing; however, the licensee shall be given an opportunity to address its licensure status at the next regularly scheduled meeting of the Department of Health and Social Services.

2.9.5 If the health or safety of children in care is in serious or imminent danger, as determined by the Department of Health and Social Services or its designee in its sole discretion, the Department of Health and Social Services or its designee may immediately suspend or restrict the license upon the issuance of written notice. If there is an immediate suspension or restriction, a hearing shall be held within ten (10) days of the written notice to the Center.

2.10 Upon written request by a Center, the Department of Health and Social Services or its designee may grant a variance from a specific requirement if there is documentation that the requested alternative complies with the intent of the requirement for which variance is sought.

2.10.1 The decision of the Department of Health and Social Services, including any qualification under which the variance is granted, shall be documented through a written agreement with the Department of Health and Social Services and a signed copy shall be sent to the Center. A variance may remain in effect for as long as a Center continues to comply with the intent of the requirement(s) or may be timelimited.

2.10.2 The agreement shall contain provisions for a regular review of the variance.

16 Del. Admin. Code § 3375-2.0

25 DE Reg. 779( 2/1/2022) (final)