CHAPTER 468

FORMERLY

HOUSE BILL NO. 390

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND SENATE AMENDMENT NO. 1

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO CHILD WELFARE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each house thereof concurring therein):

Section 1. Amend Title 31 of the Delaware Code by adding thereto a new Subchapter VIII. "Parents Right to Know Act" and Section 398 to read as follows:

Subchapter VIII. Parents Right to Know Act.

"Section 398. Inspection of Child Care Facility Records.

(a) Each licensed child care facility shall provide to a prospective purchaser of care a written notice defined in subsection (c) which details the purchaser's right to inspect, at any time, the active record and complaint files of any licensed child care facility. Such notice shall include, but not be limited to, the name of the contact person from the Office of Child Care Licensing, the address of the nearest location and telephone number. Such notice shall be provided as part of any application packet of materials that the facility provides to purchasers of care.

(b) Every child care facility shall obtain a statement, signed by the prospective purchaser of care, which attests to timely receipt of the notice provided for in subsection (a). The child care facility shall keep the signed statement on file.

(c) A standardized form of the notice and statement as defined in subsections (a) and (b) respectively, shall be provided to each licensed facility by the Department of Services for Children, Youth and Their Families.

(d) By January I, 2000, the Office of Child Care Licensing shall have available for public request a summary of each child care facility's records. Further, the public shall have access to child care information including a list of all child care facilities, licensed facilities, enforcement actions, and agency contact persons via the Department of Services for Children, Youth and Their Families web site on the internet.

(e) All requests to inspect these records shall be made in writing to the appropriate Office of Child Care Licensing. Individuals shall be allowed to inspect such records within ten business days from the date the request is received.

() Failure of a child care facility to provide the notice required in subsection (a) or obtain the statement required in subsection (b) from any prospective purchaser shall be a violation of Delaware law, subject to a fine not more than $100.00 for each violation and the total of such fines shall not exceed $1000 per calendar year. Justice of the Peace Courts shall have original jurisdiction of such offenses.

(a) For purposes of this subchapter, 'child care facility' shall mean all licensed facilities within the state where care is provided for children ages birth through 12 years, excluding schools regulated under Title 14, Delaware Code."

Section 2. This act shall be known as "The Parent's Right to Know Act of 1997".

Approved July 17, 1998