HOME > TITLE 31 > CHAPTER 3§ 341 § 342 § 343 § 344 § 345 § 346 § 347
This act may be referred to and cited as "The Delaware Child Care Act."
For the purpose of this act:
(1) "Child care" means and includes:
a. Any person, association, agency or organization which:
1. Has in custody or control 1 child or more under the age of 18 years, unattended by parent or guardian, for the purpose of providing such child or children with care, education, protection, supervision or guidance;
2. Is compensated for their services;
3. Advertises or holds himself, herself or itself out as conducting such child care;
b. The provision of, or arranging for, the placement of children in foster care homes, adoptive homes or supervised independent living arrangements; and
c. Family child care homes, large family child care homes, day care centers, child placing agencies, residential child care facilities and day treatment programs as currently defined by regulation. Day-care centers operating part- or full-day are subject to licensure. Homes in which children have been placed by any child placing agency properly licensed to place children in this State shall not be regarded as "child care."
(2) "Office of Child Care Licensing" means the Office of Child Care Licensing within the Department of Services for Children, Youth and Their Families.
Code 1915, § 1004A; 30 Del. Laws, c. 64; 38 Del. Laws, c. 63, § 3; Code 1935, § 1119; 31 Del. C. 1953, § 341; 70 Del. Laws, c. 186, § 1; 73 Del. Laws, c. 165, § 1; 73 Del. Laws, c. 279, § 1.;
§ 343. Powers of the Office of Child Care Licensing with respect to child care.
(a) Any person or association conducting child care and all institutions, agencies and associations or organizations receiving and placing or caring for dependent, neglected or delinquent minors, including organizations providing care of children whether dependent or otherwise, in lieu of the care and supervision ordinarily provided by parents in their own homes for periods of less than 24 hours a day, must accord the Office of Child Care Licensing or its authorized agents right of entrance, privilege of inspection and access to its accounts and reports.
(b) A person or association conducting child care and all institutions, agencies, associations or organizations receiving and placing or caring for dependent, neglected or delinquent minors shall make reports at such time as is required by the Office of Child Care Licensing as to conditions of such child care, the manner and way in which children are taken care of, former addresses and such other information as will show the social status of the child, how and to whom dismissed, the extent and source of its income, the cost of maintenance and such other reasonable information as will enable the Office of Child Care Licensing to promote the general welfare of the children and to work out a general program for their care and protection.
(c) The Office of Child Care Licensing may prescribe, by regulation or otherwise, any reasonable standards for the conduct of such child care facilities, institutions, agencies, associations or organizations and may license such of these as conform to such standards. All regulations, enforcement actions, decisions, investigations and the like previously promulgated or taken by the Office of Child Care Licensing shall continue unabated and shall remain in full force and effect notwithstanding passage of this subchapter.
Code 1915, § 1004A; 30 Del. Laws, c. 64; 38 Del. Laws, c. 63, § 3; Code 1935, § 1119; 44 Del. Laws, c. 78; 31 Del. C. 1953, § 342; 58 Del. Laws, c. 64, § 1; 64 Del. Laws, c. 108, § 4; 73 Del. Laws, c. 165, § 1.;
§ 344. Child care licenses; investigations; requirements.
(a) No person may conduct child care, nor may any institution, agency, association or organization conduct child care, unless first having obtained a license from the Office of Child Care Licensing. Such license shall expire 1 year from the date it is issued unless renewed.
(b) In the case of a person conducting child care, no license shall be issued to such person until the Office of Child Care Licensing has made a thorough investigation and has determined in accordance with reasonable standards:
(1) The good character and intention of the applicant or applicants;
(2) That the individual home or facility meets the physical, social, moral, mental and educational needs of the average child;
(3) Whether the rules and requirements of the Office of Child Care Licensing are properly met; and
(4) That the required criminal background checks are completed and approved.
(c) In the case of an institution, agency, association or organization, no license shall be issued until the Office of Child Care Licensing has made a thorough investigation and has made a favorable determination of:
(1) The good character and intention of the applicant or applicants;
(2) The present and prospective need of the service rendered;
(3) The employment of capable, trained and experienced workers;
(4) Sufficient financial backing to ensure effective work;
(5) The probability of the service being continued for a reasonable period of time;
(6) Whether the methods used and disposition made of the children served will be to their best interests and that of society;
(7) Whether the rules and requirements of the Office of Child Care Licensing are properly met; and
(8) That the required criminal background checks are completed and approved.
(d) This section shall not apply to any institution, agency, association or organization under state ownership and control, nor shall it apply to any maternity ward of a general hospital.
Code 1915, § 1004A; 30 Del. Laws, c. 64; 38 Del. Laws, c. 63, § 3; Code 1935, § 1119; 31 Del. C. 1953, § 343; 58 Del. Laws, c. 64, § 1; 64 Del. Laws, c. 108, § 4; 73 Del. Laws, c. 165, § 1.;
§ 345. Penalties for violations.
Anyone who violates a provision of this subchapter shall be fined not more than $100 or imprisoned not more than 3 months, or both.
Code 1915, § 1004A; 30 Del. Laws, c. 64; 38 Del. Laws, c. 63, § 3; Code 1935, § 1119; 31 Del. C. 1953, § 344; 73 Del. Laws, c. 165, § 1.;
§ 346. Provider Advisory Board; appointments; composition; terms; vacancies.
(a) There is hereby established within the Office of Child Care Licensing, a Provider Advisory Board.
(b) The Board shall consist of 7 members, who are residents of this State, and are appointed by the Governor. The following shall be members of the Board:
(1) One family provider of child care from each of New Castle County, Kent County, and Sussex County;
(2) One director/owner of an early care and education or school-age center from each of New Castle County, Kent County, and Sussex County; and
(3) One family provider of child care or director/owner of an early care and education or school-age center from the City of Wilmington.
Furthermore, at least 1 of the members of the Board appointed pursuant to this subsection (b) shall also be from a Boys and Girls Club within this State.
(c) The term of a Board member appointed by the Governor shall be 3 years and shall terminate upon the Governor's appointment of a new member to the Board. A Board member shall continue to serve until his or her successor is duly appointed but a holdover under this provision does not affect the expiration date of a succeeding term.
(d) In case of a vacancy on the Board before the expiration of a Board member's term, a successor shall be appointed by the Governor within 30 days of the vacancy for the remainder of the unexpired term.
(e) The Board shall elect 1 of its members as Chair to serve for a 1-year term and who shall be eligible for reelection.
(f) The Board shall meet at the call of the Chair but no fewer than 4 times a year.
78 Del. Laws, c. 146, § 1; 70 Del. Laws, c. 186 § 1.;
§ 347. Provider Advisory Board; powers and duties.
The Board shall have the authority to serve in an advisory capacity to the Office of Child Care Licensing with regard to adopting, promulgating and amending such rules and regulations as are required to carry out this chapter with respect to early care and education and school-age centers.