TITLE 31

Welfare

In General

CHAPTER 3. Child Welfare

Subchapter VII. Child Day-Care Centers

§ 390. 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 6 years, who would be eligible to be served, in a consistent, wholesome and efficient manner.

31 Del. C. 1953, §  387;  56 Del. Laws, c. 347.

§ 391. 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 parents, 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 make the best use of that service within their neighborhoods under supervision of the Division of Social Services consistent with the objectives in view.

31 Del. C. 1953, §  388;  56 Del. Laws, c. 34757 Del. Laws, c. 212, §  958 Del. Laws, c. 64, §  170 Del. Laws, c. 186, §  1

§ 392. General powers and duties of Division in respect to children in day-care centers.

In order that the State may provide day-care facilities and services, the Division of Social Services 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 parent, 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 Division;

(4) Pay all or part of the fees charged by the organizations established under paragraph (3) of this section for the care of children whose parent, guardian or custodian is financially unable to pay all or part of such fees;

(5) Purchase day-care service from any child day-care center, whether profit or nonprofit, which shall provide such service in conformity with the requirements of this subchapter; and

(6) Pay all or part of the fees for day-care service as is appropriate to the financial position of the parents, parent or guardian of such child.

31 Del. C. 1953, §  389;  56 Del. Laws, c. 34757 Del. Laws, c. 212, §  1058 Del. Laws, c. 64, §  170 Del. Laws, c. 186, §  1

§ 393. Application for aid; requirements.

Application for aid under this subchapter shall be made to the office of the Division of Social Services. The application shall be in writing or reduced to writing in the manner and upon the form prescribed by the Division of Social Services. 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 Division of Social Services.

31 Del. C. 1953, §  390;  56 Del. Laws, c. 34758 Del. Laws, c. 64, §  1

§ 394. Investigation of applications.

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

31 Del. C. 1953, §  391;  56 Del. Laws, c. 34758 Del. Laws, c. 64, §  1

§ 395. Grant of aid; notification; payment.

Upon the completion of the investigation, the Division of Social Services 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 Division of Social Services shall notify the applicant organization of its decision. Such aid shall be allocated and dispensed in a ratio to be determined by the Division of Social Services that recognizes degree of need in proportion to the most effective utilization of the available money.

31 Del. C. 1953, §  392;  56 Del. Laws, c. 34758 Del. Laws, c. 64, §  1

§ 396. Periodic reconsideration and changes in amount of aid.

All grants made under this subchapter shall be reconsidered by the Division of Social Services 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 Division of Social Services finds that the delegated organization’s program is inconsistent with the purposes and intent of this subchapter.

31 Del. C. 1953, §  393;  56 Del. Laws, c. 34758 Del. Laws, c. 64, §  1

§ 397. 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 this subchapter, and shall make payments from such moneys and moneys appropriated by any law of this State in accordance with this subchapter and under the United States Social Security Act [42 U.S.C. § 301 et seq.].

31 Del. C. 1953, §  394;  56 Del. Laws, c. 347.