DELACARE
Regulations for Early Care and Education and School-Age Centers
Information Guide
State of Delaware
Office of Child Care Licensing
Division of Family Services
Department of Services for Children, Youth and Their Families
FINAL ǀ January 2017
CENTER Information guide
The Office of Child Care Licensing (OCCL) developed this guide to help licensing staff, center owners and staff, and the public to understand licensing regulations. Early childhood is abbreviated as EC and school-age is abbreviated as SA throughout the guide. In addition, when the word staff appears, this is referring to staff, volunteers, and substitutes who work 40 hours or more per year.
Below each regulation, the guide may list the following information:
· The regulation written in plain language or paraphrased,
· The intent of the regulation,
· The method for assessing compliance with the regulation,
· Special instructions, and
· Notes (additional information).
Some regulations include information in the special instruction’s sections explaining OCCL considers non-compliance with the regulation very serious. OCCL provided this information as a way to communicate the likelihood of OCCL placing a center on an enforcement action due to the serious health and safety risks associated with not following the regulation. Labeling some regulations as very serious does not mean that the other regulations are not important. If a licensing specialist cites a center for multiple violations, even if the guide does not list them as serious, the center may also face an enforcement action for failure to comply with licensing regulations.
Plain language and intent sections are attempts to explain the regulations more simply. OCCL did not cover all examples in these explanations. Consult the specific regulation or your licensing specialist for more details.
The Caring for Our Children information provided in text boxes is from Caring for Our Children National Health and Safety Performance Standards Guidelines for Early Care and Education Programs Third Edition 2011. In addition to the text boxes, OCCL used this edition of Caring for Our Children to develop the intent and assessment methods for most regulations listed in this guide.
TABLE OF CONTENTS
ORDER 1
INTRODUCTION 1
1. Legal Base 1
2. Purpose 1
PART I GENERAL PROVISIONS 1
3. Definition of Regulated Service 1
4. Definition of Terms 4
5. Issuance of a License 15
6. Authority to Inspect 16
7. License for Each Center Site Location 17
8. License Renewal 17
9. Changes Affecting a License 18
10. License Suspension 18
11. Denial of a License Application or Revocation 19
12. Regulation Variance 21
PART II ADMINISTRATION AND ORGANIZATION 22
13. Notification to the Office of Child Care Licensing 22
14. Governing Body 25
15. Insurance Coverage 26
16. Records 26
17. Enrollment 27
18. Release of Children 29
19. Child Files 31
20. Personnel Files 33
21. General Human Resources and Personnel Policies 39
22. General Qualifications 40
23. Adult Health Requirements 41
24. Child Abuse and Neglect Reporting Requirements 42
25. Orientation 43
26. Owner of a Center 44
27. Staff Qualifications 46
28. Staffing 58
29. Staff Communication 62
30. Ratios, Group Size, and Supervision 62
31. Substitutes, Volunteers, and Contracted Special Services Persons 66
32. Annual Training 69
33. Annual Professional Development Plan 74
34. First Aid and CPR Training 75
35. Parents/Guardians Communication 76
PART III PHYSICAL ENVIRONMENT AND SAFETY 80
36. General Safety Practices 80
37. Smoking Prohibited 87
38. Indoor Space 88
39. Area for Children Who Become Ill 89
40. Outdoor Climate and Space 91
41. Riding Toys 96
42. Sleeping Accommodations 97
43. Toilet Facilities 102
44. Sanitation 104
45. Hand Washing 105
46. Standard Precautions 106
47. Diapering 107
48. Food Service and Preparation 110
49. Emergency Planning 113
50. Firearms 115
51. Pets 115
52. Telephones 115
53. Transportation 116
54. Field Trips and Program Outings 120
55. Health Care Consultation 122
56. Child Health and Well-Being 122
57. Child Health Appraisal 123
58. Observation 124
59. Health Exclusion 125
60. Administration of Medication 129
61. Child Accident and Injury 134
62. First Aid Kits 135
63. Food, Water, and Nutrition 136
64. Feeding of Infants 145
PART IV EARLY CARE AND EDUCATION 150
65. Positive Behavior Management 150
66. Program Goals and Planning 153
67. Documenting Children’s Progress 158
68. Infant and Toddler Care 159
69. Interactions with Children 161
70. Equipment 168
PART V ADDITIONAL PROVISIONS FOR NIGHT CARE 171
71. General 171
72. Staffing 171
73. Activities 173
74. Sleeping Arrangements 173
75. Bathing and Grooming 174
76. General 177
77. School-Age Staff Positions 178
78. Staffing 182
79. Outdoor Play Area 184
80. Food, Water, and Nutrition 184
81. Child Care Activities 185
APPENDICES 187
APPENDIX 1: FOR EARLY CARE AND EDUCATION AND SCHOOL-AGE CENTERS PROVIDING FOOD TO CHILDREN – BREAKFAST 187
APPENDIX 2: FOR EARLY CARE AND EDUCATION AND SCHOOL-AGE CENTERS PROVIDING FOOD TO CHILDREN – LUNCH OR DINNER 187
APPENDIX 3: FOR EARLY CARE AND EDUCATION AND SCHOOL-AGE CENTERS PROVIDING FOOD TO CHILDREN – SNACK 188
APPENDIX 4: FOR EARLY CARE AND EDUCATION AND SCHOOL-AGE CENTERS PROVIDING FOOD TO INFANTS 188
INDEX 189
4
ORDER
DELACARE: 101 Regulations for Early Care and Education and School-Age Centers
INTRODUCTION
1. Legal Base
The legal base for these licensing regulations is in 31 Delaware Code, Sections 341-345 and 29 Delaware Code, Section 9003 (7).
Plain Language: The Delaware Code gives OCCL the authority to create regulations for centers to follow. OCCL is an office within the Division of Family Services within the Department of Services for Children, Youth and Their Families.
Intent: To provide legislative support for the licensing regulations.
2. Purpose
The overall purpose of these regulations is the protection and promotion of the health, safety, well-being, and positive development of children who receive services in early care and education and school-age centers. These regulations reflect the baseline or minimum standards that shall be expected in Delaware’s licensed early care and education and school-age centers. All licensed centers shall have the option to exceed the regulations or standards set by the Office of Child Care Licensing (known hereafter as OCCL) through participation in Delaware Stars for Early Success or the licensee’s own initiative.
Plain Language: These regulations protect and support the health, safety, well-being, and development of children. They establish the minimum standards centers are to follow. Centers can go beyond these regulations to meet higher standards by joining Delaware Stars, or by using the licensee’s own efforts.
Intent: To protect the health, safety, well-being, and development of children. To let providers know they can exceed these regulations by joining Delaware Stars, becoming accredited by the National Association for the Education of Young Children (NAEYC),or by their own efforts.
PART I GENERAL PROVISIONS
3. Definition of Regulated Service
Early care and education and school-age centers provide care, education, protection, supervision, or guidance for 13 or more children, including children who are related to the licensee. Service is provided on a regular basis for periods of less than 24 hours per day, unattended by parent or guardian, and for compensation. This definition shall include but is not limited to full- and part-time day care, child care, early care and education, early childhood education, preschool, nursery school, extended child care, independently operated kindergartens, before-or after-school care, school-age care, school’s out care, school vacation or holiday care, and summer child care.
Plain Language: Centers provide care, educate, protect, supervise, or guide 13 or more children. Centers are open less than 24 hours a day, when the parent/guardian is not present, and receive payment for services provided.
Intent: To provide a clear definition of early care and education and school-age centers as facilities which provide care, education, protection, supervision, or guidance for 13 or more children for periods of less than 24 hours per day, unattended by parent/guardian, and for compensation.
Early care and education and school-age centers located at public or private schools that are operated by an agency or individual other than a public or private school entity shall be required to be licensed under these regulations.
Plain Language: A center located in a school needs a license when a school does not run the center.
Intent: To include early care and education and school-age care programs at public or private schools but operated by an agency or individual other than a public or private school entity as needing to be licensed under these regulations.
The following facilities that operate for less than 24 hours per day shall be exempt from licensure under these regulations:
Plain Language: The following places do not need a license:
A. Camps issued permits by the Division of Public Health;
Plain Language: Camps with permits from Public Health;
Intent: To allow camps for SA children to operate during breaks from school.
Special Instructions: To operate a summer/youth camp, complete a license exemption application and send it to OCCL. This application is located on OCCL’s website. If approved, OCCL will issue a letter exempting the program from needing a license. The applicant then takes the letter to Public Health and talks to them about how to get a permit for a camp. Camps will then be exempt from receiving a license if they serve only SA children during breaks from school in a space that is not already licensed.
B. An institution, agency, association, or organization under State of Delaware ownership and control;
Plain Language: Programs owned and operated by the State of Delaware;
Intent: To allow State programs to comply with the Delaware Child Care Act.
C. Classes for religious instruction conducted by religious institutions during the summer months for periods not to exceed four weeks;
Plain Language: Summer religion classes lasting less than a month; for example, vacation bible school;
Intent: To allow summer religion classes to be exempt from licensing.
D. Programs established in connection with a business, recreation center, or religious institution in which children are provided care for brief periods of time, while parent/guardian is on the premises, are readily accessible at all times on an on-call basis, and are able to resume control of the child immediately;
Plain Language: Programs having an on-site child care center where parents/guardians do not leave;
Intent: To allow programs established in connection with a religious institution, a business, or recreation center, to provide care without a license: for brief periods of time, while a parent/guardian is on the premises, meaning in the same building; where parent/guardian is readily accessible at all times on an on-call basis, meaning the ability to contact parents/guardians at all times and parent/guardian is able to resume control of the child immediately.
E. Programs that offer activities for children over the age of six who attend at their own discretion on an ‘open door’ basis, where there is no compensation, and where there is no agreement, written or implied, between the program and the parent/guardian for the program to assume responsibility for the care of the child;
Plain Language: Programs offering free activities for children who are at least six years old, where children can come and go as they please, and there is no agreement with parents/guardians that care is provided;
Intent: To allow a program to operate without a license when the program is free and children six and over can come and go as they please.
F. Programs that offer school-age care on an ad hoc, sporadic, and isolated basis in order to meet an emergency or special need or to provide specific skill instruction; or
Plain Language: Programs for SA children that meet an emergency or special need, or programs teaching lessons; for example, dancing, karate, or painting;
Intent: To allow programs to care for children in the event of an emergency, such as during an emergency school closing, or to operate while teaching children a skill where providing child care is not the reason the activity is being provided.
G. A public or private school that provides regular and thorough instruction through at least the sixth grade in the subjects prescribed for the schools of the State, in a manner suitable to the children of the same age and stage of advancement, and that reports to the State Board of Education pursuant to 14 Delaware Code, Section 2704. This exclusion shall include all programs operated by these schools, except as stated above, and shall also include preschool education programs for people with disabilities as defined by 14 Delaware Code, Section 3101(4).
Plain Language: Schools registered with the Department of Education where the school or school district includes children through at least 6th grade running a program.
Intent: To allow children younger than SA to be cared for in public or private schools without a child care license as long as the school or school district operates through at least the sixth grade.
Special Instructions: Schools may operate programs without consideration of the grades served when offering multiple grades.
A person, organization, or entity shall not operate or provide child care services as defined in these regulations unless a license to do so is issued by the OCCL. Anyone who violates a provision of 31 Delaware Code, Sections 341-345, known as The Delaware Child Care Act, may be fined not more than $100 or imprisoned not more than three months, or both.
Plain Language: Centers need a license to operate. Operating an unlicensed center may result in a fine for up to $100 or the courts putting a person in prison for up to three months, or both.
Intent: To protect children’s health, safety, and well-being by requiring compliance with licensing for individuals and organizations who provide care for children. To provide a penalty for operating without a license.
To maintain licensure, licensees must follow these regulations and applicable provisions of Delaware Code. Failure to do so may result in a corrective action plan or enforcement action, such as warning of probation, probation, suspension, revocation, or denial of a license application. A licensee may request an appeal of a pending enforcement action by requesting a hearing within 10 business days of notification of the OCCL’s decision to impose the action.