9 Del. Admin. Code § 301-4.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 301-4.0 - Persons Subject to the Law

4.1 Generally, employees subject to a background check shall be those specified in subsections 4.2 -4.7 who are in a position which involves:

4.1.1 The opportunity to have regular direct access to children receiving care or providing services directly to a child or children.

4.1.2 For limited, occasional, sporadic, one-time direct access that lasts less than five days or 40 hours, a background check is not required. However, employers must ensure these employees and contractors will be supervised at all times. If supervision is not possible, a background check must be completed before allowing direct access.

4.2 Department contractors. Background checks shall be conducted on contractor employees that have regular direct access or provide services directly to a child or children.

4.3 Foster parents as defined in Section 3.0

4.3.1 Background checks shall be conducted on:

4.3.1.1 Applicants for foster and respite care within the Department and in licensed child placing agencies providing foster care.

4.3.1.2 Applicants for adoption within the Department and in licensed child placing agencies providing adoption services.

4.3.1.3 Petitioners in relative adoptions.

4.3.1.4 Applicants for interstate adoption or foster placement when a child is from another state and is being placed in Delaware and when a Delaware child is being placed in another state.

4.3.1.5 Household members 18 years of age and older in foster, respite, and adoptive homes. The Department may, when there is cause to believe the health, safety, or welfare of a child in care may be at risk, request consent from a parent/guardian for a background check on a household member under 18 years of age.

4.4 Department employees. Background checks shall be conducted on all Department employees.

4.5 Licensed child care

4.5.1 Background checks shall be conducted on:

4.5.1.1 Employees and contractors within family child care, large family child care, early care and education centers, school age centers, child placing agencies, and residential child care facilities.

4.5.1.2 Household members 18 years of age and older in family child care and large family child care. The Department may, when there is cause to believe the health, safety, or welfare of a child in care may be at risk, request consent from a parent/guardian for a background check on a household member under 18 years of age.

4.6 License exempt child care

4.6.1 Background checks shall be conducted on:

4.6.1.1 Employees, and contractors within child care facilities and youth camps receiving Federal Child Care Development Block Grant funds through the Delaware Department of Health and Social Services.

4.6.1.2 Applicants and household members 18 years of age and older in relative care homes receiving Federal Child Care Development Block Grant funds through the Delaware Department of Health and Social Services. The Department may, when there is cause to believe the health, safety, or welfare of a child in care may be at risk, request consent from a parent/guardian for a background check on a household member under 18 years of age.

4.7 Youth camps

4.7.1 Background checks shall be conducted on employees and contractors at youth camps. Such checks shall be valid for a 5 year period.

4.7.2 Youth camps not receiving Federal Child Care Development Block Grant Funds may elect not to go through the fingerprinting process, but instead choose to perform all of the following:

4.7.2.1 a name-based Delaware criminal background check and child protection registry check for prospective employees and contractors through the DELJIS;

4.7.2.2 a name-based child protection registry check through the Department; and

4.7.2.3 an out-of-state criminal record check using private third party providers including a social security number trace search and county-based criminal record search in the counties in which the individual has resided within the past 10 years.

9 Del. Admin. Code § 301-4.0

19 DE Reg. 1023 (5/1/2016) (Final)