CHAPTER 347

AN ACT TO AMEND TITLE 31, DELAWARE CODE. RELATING TO CHILD WELFARE BY EMPOWERING THE DEPARTMENT OF PUBLIC WELFARE TO ESTABLISH AND AID PRIVATE, NONPROFIT FACILITIES FOR CHILD DAY CARE CENTERS AND MAKING A SUPPLEMENTARY APPROPRIATION THEREFOR.

Be it enacted by the General Assembly of the State of Delaware:

Section 1. Title 31, Chapter 3, Delaware Code, is amended by adding thereto a new subchapter to read as follows:

CHAPTER 3. CHILD WELFARE

SUBCHAPTER VII. CHILD DAY CARE CENTERS

§ 387. Definition As used in this subchapter--

"Child Day Care Center" means a facility designed and prescribed to meet the daily physical, mental and social needs of children from infancy through six years, who would be eligible to be served, in a consistent, wholesome and efficient manner.

§ 388. Intent and purposes The intent and purposes of this subchapter are to:

(1) Provide child day care facilities available within this State so as to provide safe, adequate, economical care for children whose mothers, fathers, guardians, or custodians are employed or are seeking employment or are enrolled in training or education courses or where this service would contribute to the resolution of family problems;

(2) Secure by decentralized neighborhood management the highest attainable degree of assurance that each child day care center will properly and economically meet the needs of those children who can meet the best use of that service within their neighborhoods, under supervision of the Department, consistent with the objectives in view.

§ 389. General powers and duties of Department in respect to children in day care centers

In order that the State may provide day care facilities and services, the Department shall

(1) Establish and operate day care centers;

(2) Charge such fees as it deems desirable; but such fees may be based on the ability of the mother, father, guardian, or custodian of the child to pay;

(3) Aid in the establishment of privately or publicly operated nonprofit child day care centers by granting funds to private or public organizations agreeing to operate child day care centers in accordance with standards set by the Department;

(4) Pay all or part of the fees charged by the organizations established under section 389 (3) of this subchapter for the care of children whose mother, father, guardian, or custodian is financially unable to pay all or part of such fees.

§ 390. Application for aid; requirements

Application for aid under this subchapter shall be made to the office of the Department. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the Department. Such application shall be made by the legally constituted body organized for the express purpose of the operational and managerial functions of child day care centers and shall contain information as to the organizational structure, stated purposes and objectives of the organization and such other information as may be required by the Department.

§ 391. Investigation of applications

Whenever the Department receives notification of an application for aid, an investigation shall be made by a member of the child care consultant staff of the Department of Public Welfare and a record shall be made of the circumstances in order to ascertain the eligibility of the applicant organization.

§ 392. Grant of aid; notification; payment

Upon the completion of the investigation, the Department shall decide whether the organization is eligible for aid under the provisions of this subchapter, and determine the amount of such aid and the date on which such aid shall begin. The Department shall notify the applicant organization of its decision. Such aid shall be allocated and dispensed in a ratio, to be determined by the Department, that recognizes degree of need in proportion to the most effective utilization of the available money.

§ 393. Periodic reconsideration and changes in amount of aid

All grants made under this subchapter shall be reconsidered by the Department as frequently as it may deem necessary but at least annually. The amount of aid may be changed or aid may be entirely withdrawn if the Department finds that the delegated organization's program is inconsistent with the purposes and intent of this subchapter.

§ 394. Federal financial participation

The State Treasurer shall receive all money paid to the State by the Secretary of the Treasury of the United States on account of aid provided under the provisions of this subchapter, and shall make payments from such moneys and moneys appropriated by this or any other act, in accordance with provisions of this subchapter, and under provisions of the United States Social Security Act.

Section 2. The sum of $300,000 is appropriated to the Department of Public Welfare for the fiscal year ending June 30, 1968, for the purpose of effectuating this Act.

Section 3. This Act is a supplementary appropriation and the money appropriated shall be paid by the State Treasurer out of funds in the General Fund of the State of Delaware not otherwise appropriated.

Section 4. Any money appropriated herein and unexpended shall not revert to the General Fund of the State of Delaware until June 30, 1969.

Approved June 28, 1968.