TITLE 14

Education

Free Public Schools

CHAPTER 30A. The Delaware Child Care Act

82 Del. Laws, c. 184, § 3
§ 3001A. Short title.

This chapter may be referred to and cited as “The Delaware Child Care Act.”

82 Del. Laws, c. 184, § 3

§ 3002A. Definitions [Effective until July 1, 2024].

For the purpose of this chapter:

(1) “Child care” means:

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 the 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 child care.

b. The provision of, or arranging for, the placement of children in foster care homes, adoptive homes or supervised independent living arrangements pursuant to the provisions of Title 31.

c. Family child care homes, large family child care homes, child care centers, child placing agencies, residential child care facilities and day treatment programs as currently defined by regulation. Child 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) “Department” means the Department of Education.

(3) “Office of Child Care Licensing” or “OCCL” means the Office of Child Care Licensing within the Department of Education.

82 Del. Laws, c. 184, § 370 Del. Laws, c. 186, §  183 Del. Laws, c. 248, § 283 Del. Laws, c. 277, § 183 Del. Laws, c. 283, § 17

§ 3002A. Definitions [Effective July 1, 2024].

For the purpose of this chapter:

(1) a. “Child care” means an individual or entity that meets all of the following:

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 care, education, protection, supervision, or guidance.

2. Is compensated for the individual’s or entity’s services.

3. Holds the individual’s or entity’s self out as conducting child care.

b. “Child care” includes all of the following:

1. Family child care homes.

2. Large family child care homes.

3. Child care centers, including early education programs for children below the grade of kindergarten that are operated by public or private schools.

4. Child placing agencies.

5. Residential child care facilities.

6. Day treatment programs.

7. Child care programs operating part-day or full-day.

c. “Child care” does not include individual foster or adoptive homes in which children have been placed by a State-licensed child placing agency.

(2) “Department” means the Department of Education.

(3) “Entity” means an estate, business or nonprofit entity, public corporation, government or governmental subdivision, agency, or instrumentality, or other legal entity.

(4) “OCCL” means the Office of Child Care Licensing within the Department of Education.

82 Del. Laws, c. 184, § 370 Del. Laws, c. 186, §  183 Del. Laws, c. 248, § 283 Del. Laws, c. 277, § 183 Del. Laws, c. 283, § 1783 Del. Laws, c. 249, § 1

§ 3003A. Powers of the Office of Child Care Licensing with respect to child care [Effective until July 1, 2024].

(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. Regulations promulgated under this chapter must include all of the following:

(1) Any application form required to apply for licensure under this chapter.

(2) All of the specific requirements to obtain, retain, or renew a license under this chapter.

(3) Due process provisions that provide all of the following:

a. That notice is required when a deficiency is alleged.

b. The informal and formal procedures to contest an alleged deficiency.

82 Del. Laws, c. 184, § 383 Del. Laws, c. 277, § 1

§ 3003A. Office of Child Care Licensing; powers [Effective July 1, 2024].

(a) (1) The Office of Child Care Licensing is established within the Department of Education to do all of the following:

a. Promulgate and enforce regulations for child care.

b. License child care facilities.

c. Develop and implement policies and procedures for ensuring compliance with child care regulations.

(2) An individual or entity shall provide OCCL or OCCL’s authorized agents right of entrance, privilege of inspection, and access to the individual’s or entity’s accounts and reports.

(b) [Repealed.]

(c) OCCL may prescribe and enforce, by regulation or otherwise, any reasonable standards for the conduct of child care facilities and shall license child care facilities that conform to the standards. Regulations promulgated under this chapter must include all of the following:

(1) Any application form required to apply for licensure under this chapter.

(2) The specific requirements to obtain, retain, or renew a license under this chapter.

(3) Due process provisions that provide all of the following:

a. That notice is required when a deficiency is alleged.

b. The informal and formal procedures to contest an alleged deficiency.

82 Del. Laws, c. 184, § 383 Del. Laws, c. 277, § 183 Del. Laws, c. 249, § 2

§ 3004A. Child care licenses; investigation; requirements; notice; hearings and appeals [Effective until July 1, 2024].

(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. The license shall expire 1 year from the date it is issued unless renewed.

(1) Beginning on July 1, 2023, when applying for a license or upon renewal of a license, an applicant must ensure that all children age birth to 5 years old not yet in kindergarten, who have been enrolled by a licensee seeking renewal or to be enrolled, will undergo developmental and social emotional screening using the Department’s approved developmental and social emotional screening system by requiring the parent or guardian of an enrolled child to complete the Department’s approved developmental and social emotional screening at the time the child is enrolled and at least 1 time per year during enrollment. If an enrolled child’s parent or guardian fails to conduct the yearly developmental and social emotional screening, the child care provider must conduct the screening.

(2) For children age birth to 35 months old, developmental and social emotional screening results will be processed and referrals for additional evaluation, if warranted, will be implemented by the IDEA Part C lead agency.

(3) For children age 3 to 5 years old, developmental and social emotional screening results will be processed and referrals for additional evaluation, if warranted, will be implemented in partnership with the local education agency (LEA) having jurisdiction over the geographical location where the child is enrolled.

(4) Developmental screenings must be reviewed and processed within 2 weeks of receipt.

(5) When a licensee seeks to renew its license, the Department will review the paper or electronic file of each child enrolled in the licensee’s child care facility to ensure that each enrolled child has received developmental and social emotional screening within the preceding 12 months and any warranted referrals have been made as required by this section.

(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.

(e) Before any license issued under this chapter is revoked or a license application is denied, notice shall be given in writing to the holder of the license setting forth the particular reasons for such action.

(1) Such revocation or license application denial shall become effective 30 business days after the date of the receipt by certified mail, regular U.S. mail, or personal service of the notice, unless the applicant or licensee within 10 business days from the date of the receipt of such notice gives written notice to the Office of Child Care Licensing requesting a hearing, in which case the proposed action shall be deemed to be suspended.

(2) If a hearing has been requested, the applicant or licensee shall be given an opportunity for a prompt and fair hearing before a hearing officer designated by the Department of Education in accordance with § 10125 of Title 29.

(3) At any time during, or prior to the hearing, the Office of Child Care Licensing may rescind any notice upon being satisfied that the reasons for revocation or license application denial have been or will be removed.

(f) The procedure governing hearings authorized by this section shall be in accordance with § 10125 of Title 29 and regulations promulgated by the Department of Education.

(g) A full and complete record shall be kept of all proceedings, and all testimony shall be reported but need not be transcribed unless the decision is appealed pursuant to this section. A copy or copies of the transcript may be obtained by a party upon payment of the cost of preparing the transcript. Witnesses may be subpoenaed by either party.

(h) Within 10 business days of the date of the revocation or license application denial hearing, or within 5 business days of the date of a suspension hearing, the hearing officer will issue recommendations to the Secretary of the Department of Education, with a copy to each party, which shall include:

(1) A brief summary of the evidence and recommended findings of fact based upon the evidence;

(2) Recommended conclusions of law; and

(3) Recommended decision.

(i) The Secretary of the Department of Education shall accept, deny, accept in part, and/or deny in part the recommendations of the hearing officer in the case and issue a final decision within 10 business days of the date of mailing of the recommendations.

(j) A copy of the decision of the Department setting forth the finding of facts and the particular reasons for the decision shall be sent by certified mail, regular U.S. mail, or served personally upon the applicant or licensee. The decision shall become final 10 business days after it is so mailed or served. The applicant or licensee shall have 30 business days in which to appeal the decision to the Superior Court as provided in this section. The final decision of the Secretary will not be stayed pending appeal unless the Court so determines pursuant to § 10144 of Title 29.

(k) Any applicant or licensee who is dissatisfied with the decision of the Department as a result of the hearing provided in this section, may, within 30 business days after the mailing or service of the notice of decision as provided in said section, file a notice of appeal to the Superior Court in the office of the Prothonotary of the Superior Court of the county in which the child care facility is located or to be located and serve a copy of said notice of appeal upon the Department. The Department shall promptly certify and file with the Court a copy of the record and decision, including the transcript of the hearings on which the decision is based. Proceedings thereafter shall be governed by the Rules of the Superior Court of the State. This review shall be in accordance with the provisions of § 10142 of Title 29.

(l) Emergency suspension order. —

If the health, safety, or well-being of children in care of a licensee is in serious or imminent danger, the Office of Child Care Licensing may immediately suspend the license on a temporary basis without notice.

(1) Such emergency suspension may be verbal or written, and the licensee shall cease all operation as stated in the emergency suspension order.

(2) Any verbal suspension order shall be followed by a written emergency suspension order within 3 business days.

(3) The order shall be temporary and state the reason(s) for the suspension.

(4) Within 10 business days of the issuance of the suspension order, the licensee may give written notice to the Office of Child Care Licensing requesting a hearing. This hearing will be scheduled within 10 business days of the receipt of the request.

(5) If no hearing is requested as provided above, the temporary order becomes a final order.

(6) At any time during, or prior to the hearing, the Office of Child Care Licensing may reinstate the license upon being satisfied that the reasons for the emergency suspension order have been removed.

82 Del. Laws, c. 184, § 383 Del. Laws, c. 248, § 383 Del. Laws, c. 277, § 183 Del. Laws, c. 283, § 18

§ 3004A. Child care licenses; investigation; requirements; notice; hearings and appeals [Effective July 1, 2024].

(a) An individual or entity may not engage in child care unless the individual or entity first obtains a license from OCCL. Unless renewed, a license expires 1 year from the date the license is issued.

(1) Beginning on July 1, 2023, when applying for a license or upon renewal of a license, an applicant must ensure that all children age birth to 5 years old not yet in kindergarten, who have been enrolled by a licensee seeking renewal or to be enrolled, will undergo developmental and social emotional screening using the Department’s approved developmental and social emotional screening system by requiring the parent or guardian of an enrolled child to complete the Department’s approved developmental and social emotional screening at the time the child is enrolled and at least 1 time per year during enrollment. If an enrolled child’s parent or guardian fails to conduct the yearly developmental and social emotional screening, the child care provider must conduct the screening.

a. For children age birth to 35 months old, developmental and social emotional screening results will be processed and referrals for additional evaluation, if warranted, will be implemented by the IDEA Part C lead agency. Department under Chapter 31A of this title.

b. For children age 3 to 5 years old, developmental and social emotional screening results will be processed and referrals for additional evaluation, if warranted, will be implemented in partnership with the local education agency (LEA) having jurisdiction over the geographical location where the child is enrolled.

c. Developmental screenings must be reviewed and processed within 2 weeks of receipt.

(2) When a licensee seeks to renew its license, the Department will review the paper or electronic file of each child enrolled in the licensee’s child care facility to ensure that each enrolled child has received developmental and social emotional screening within the preceding 12 months and any warranted referrals have been made as required by this section.

(b) OCCL may not issue a license to an individual until OCCL has made a thorough investigation and has determined all of the following, in accordance with reasonable standards:

(1) The good character and intention of the individual.

(2) That the individual home or facility meets the physical, social, moral, mental, and educational needs of the average child.

(3) Whether OCCL regulations are properly met.

(4) That the required criminal background checks are completed and approved.

(c) OCCL may not issue a license to an entity until OCCL has made a thorough investigation and has determined all of the following, in accordance with reasonable standards:

(1) The good character and intention of the entity.

(2) [Repealed.]

(3) The employment of capable, trained, and experienced workers.

(4) Sufficient financial backing to ensure effective work.

(5), (6) [Repealed.]

(7) Whether OCCL regulations are properly met.

(8) That the required criminal background checks are completed and approved.

(d) (1) This section applies to an entity under state ownership and control that operates an early education program. Only the early education program must be licensed and meet OCCL requirements.

(2) This section does not apply to a maternity ward of a general hospital.

(e) Before a license issued under this chapter is revoked or a license application is denied, notice must be given in writing to the individual or entity who is licensed or applying for a license setting forth the particular reasons for the action.

(1) a. Except as provided under paragraph (e)(1)b. of this section, a license revocation or license application denial becomes effective 30 business days after the date of the receipt by certified mail, regular U.S. mail, or personal delivery of the notice.

b. If, within 10 business days from the date of receipt of the notice under paragraph (e)(1)a. of this section, the individual or entity gives written notice to OCCL requesting a hearing, the proposed action is suspended.

(2) If a hearing has been requested, the individual or entity must be given an opportunity for a prompt and fair hearing before a hearing officer designated by the Department of Education under § 10125 of Title 29.

(3) At any time, during or before the hearing, OCCL may rescind a notice on being satisfied that the reasons for a revocation or license application denial have been or will be removed.

(f) [Repealed.]

(g) A full and complete record must be kept of all proceedings, and all testimony must be reported but need not be transcribed unless the decision is appealed under this section. A copy of the transcript may be obtained by a party on payment of the cost of preparing the transcript. Witnesses may be subpoenaed by either party.

(h) Within 10 business days of a revocation or license application denial hearing, or within 5 business days of a suspension hearing, the hearing officer shall issue recommendations to the Secretary of the Department of Education, with a copy to each party. The hearing officer’s recommendations must include all of the following:

(1) A brief summary of the evidence and recommended findings of fact based on the evidence.

(2) Recommended conclusions of law.

(3) Recommended decision.

(i) The Secretary of the Department of Education shall accept, deny, or accept in part, and deny in part the recommendations of the hearing officer in the case and issue a final decision within 10 business days of the date of the recommendations.

(j) A copy of the Department’s decision setting forth the finding of facts and the particular reasons for the decision must be sent by certified mail, regular U.S. mail, or delivered to the individual or entity. The decision becomes final 10 business days after it is mailed or delivered.

(k) If an individual or entity is dissatisfied with the decision of the Department as a result of the hearing under this section, the individual or entity may, within 30 business days after the mailing or delivery of the notice of decision, file a notice of appeal to the Superior Court in the office of the Prothonotary of the Superior Court of the county in which the child care facility is located or to be located and serve a copy of the notice of appeal on the Department. The Department shall promptly certify and file with the Court a copy of the record and decision, including the transcript of the hearings on which the decision is based. The Rules of the Superior Court and § 10142 of Title 29 govern the appeal.

(l) Emergency suspension order.

If the health, safety, or well-being of children in care of an individual or entity is in serious or imminent danger, OCCL may immediately suspend the license on a temporary basis without notice.

(1) The emergency suspension may be verbal or written, and the individual or entity shall cease all operation as stated in the emergency suspension order.

(2) Any verbal suspension order must be followed by a written emergency suspension order within 1 business day.

(3) The order is temporary and must state the reason for the suspension.

(4) Within 10 business days of the issuance of the suspension order, the individual or entity may give written notice to OCCL requesting a hearing. This hearing must be scheduled within 10 business days of the receipt of the request.

(5) If a hearing is not requested under paragraph (l)(4) of this section, the temporary order becomes a final order.

(6) At any time, during or before the hearing, OCCL may reinstate the individual’s or entity’s license on being satisfied that the reasons for the emergency suspension order have been removed.

82 Del. Laws, c. 184, § 383 Del. Laws, c. 248, § 383 Del. Laws, c. 277, § 183 Del. Laws, c. 283, § 1883 Del. Laws, c. 249, § 3

§ 3005A. Penalties for violations [Effective until July 1, 2024].

(a) The Office of Child Care Licensing may impose civil penalties not to exceed $100 for each violation of § 3004A of this title.

(b) The Office of Child Care Licensing may proceed for the collection of the money civil penalty not otherwise paid through an action brought by the Office of Child Care Licensing in any court of competent jurisdiction.

(c) Anyone who violates a provision of this chapter may be fined not more than $100 or imprisoned not more than 3 months, or both.

82 Del. Laws, c. 184, § 383 Del. Laws, c. 277, § 1

§ 3005A. Penalties for violations [Effective July 1, 2024].

(a) OCCL may impose civil penalties not to exceed $1,000 for each violation of § 3004A of this title.

(b) OCCL may proceed for the collection of the monetary civil penalty not otherwise paid through an action brought by OCCL in any court of competent jurisdiction.

(c) An individual or entity that violates this chapter may be fined not more than $1,000 or imprisoned not more than 6 months, or both.

82 Del. Laws, c. 184, § 383 Del. Laws, c. 277, § 183 Del. Laws, c. 249, § 4

§ 3006A. Provider Advisory Board; appointments; composition; terms; vacancies [Effective until July 1, 2024].

(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 provider from a family child care home from each of New Castle County, Kent County and Sussex County.

(2) One director/owner of a private child care center from each of New Castle County, Kent County and Sussex County.

(3) One provider from a family child care home or 1 director/owner of a private child care center from the City of Wilmington.

(4) At least 1 of the members of the Board appointed pursuant to this subsection (b) shall be from a Boys and Girls Club or YMCA within this State. For purposes of this subsection, a child care center at a Boys and Girls Club or YMCA shall be considered a private child care center.

(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 a successor is 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.

82 Del. Laws, c. 184, § 383 Del. Laws, c. 248, § 483 Del. Laws, c. 277, § 1

§ 3006A. Provider Advisory Board; appointments; composition; terms; vacancies [Effective July 1, 2024].

(a) There is established within OCCL, a Provider Advisory Board (“Board”).

(b) (1) The Board shall consist of 7 members, who are residents of this State and are appointed by the Governor. The following are members of the Board:

a. One provider from a family child care home located in New Castle County, Kent County, and Sussex County.

b. One administrator or owner of a private child care center located in New Castle County, Kent County, and Sussex County.

c. One provider from a family or large family child care home or 1 administrator or owner of a private child care center located in the City of Wilmington.

(2) At least 1 of the members of the Board appointed under paragraph (b)(1) of this section must be from a Boys and Girls Club or YMCA child care facility within this State. For purposes of this subsection, a Boys and Girls Club or YMCA child care facility is a private child care facility.

(c) The term of a Board member appointed by the Governor is 3 years. A Board member shall continue to serve until a successor is duly appointed, but a holdover under this subsection 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, the Governor shall appoint a successor within 30 days of the vacancy for the remainder of the unexpired term.

(e) The Board shall elect 1 of the Board’s members as Chair to serve for a 1-year term. The member who is elected Chair is eligible for reelection.

(f) The Board shall meet at the call of the Chair but no fewer than 4 times a year.

82 Del. Laws, c. 184, § 383 Del. Laws, c. 248, § 483 Del. Laws, c. 277, § 183 Del. Laws, c. 249, § 5

§ 3007A. Provider Advisory Board; powers and duties [Effective until July 1, 2024].

The Board has the following powers and duties:

(1) Advise and consult with OCCL regarding the development, adoption, promulgation, and any amendment to the rules, regulations, and policies that are required to carry out this chapter with respect to early care and education, family child care homes, and school-age centers.

(2) Encourage OCCL to communicate with persons licensed under this chapter and to facilitate such communication.

(3) Encourage OCCL to enforce this chapter in a manner that recognizes that most child care providers are private businesses that need stable and reasonable regulations.

82 Del. Laws, c. 184, § 383 Del. Laws, c. 37, § 1683 Del. Laws, c. 277, § 1

§ 3007A. Provider Advisory Board; powers and duties [Effective July 1, 2024].

The Board has the following powers and duties:

(1) Advise and consult with OCCL regarding the development, adoption, promulgation, and amendment of the rules, regulations, and policies required to carry out this chapter with respect to early care and education, family and large family child care homes, and school-age centers.

(2) Encourage OCCL to communicate with individuals and entities licensed under this chapter and to facilitate the communication.

(3) Encourage OCCL to enforce this chapter in a manner that recognizes that most child care providers are private businesses that need stable and reasonable regulations.

82 Del. Laws, c. 184, § 383 Del. Laws, c. 37, § 1683 Del. Laws, c. 277, § 183 Del. Laws, c. 249, § 6

§ 3008A. Transfers and continuity [Effective until July 1, 2024].

(a) All investigations, petitions, hearings and legal proceedings pending before or instituted by the Office of Child Care Licensing within the Department of Services for Children, Youth and Their Families and not concluded prior to July 1, 2020, shall continue unabated and remain in full force and effect, notwithstanding the passage of this chapter and, where necessary, may be completed before, by, or in the name of the Department of Services for Children, Youth and Their Families. All orders, enforcement actions, agreements of understanding, rules, and regulations made by the Office of Child Care Licensing within the Department of Services for Children, Youth and Their Families and which are in effect on July 1, 2020, shall remain in full force and effect until revoked or modified in accordance with the law by the Department of Education. All contracts and obligations of the Department of Services for Children, Youth and Their Families made or undertaken in the performance of a function transferred to the Department of Education by this chapter and being in force on July 1, 2020, shall, notwithstanding this chapter, remain in full force and effect and be performed by the Department of Education until and unless the Department of Education takes formal action to modify any such contracts or obligations.

(b) Employees of the Office of Childcare Licensing within the Department of Services for Children, Youth and Their Families whose functions are consistent with and have been transferred to the Department of Education by this chapter shall continue and be deemed to be the employees of the Department of Education on July 1, 2020, and, where applicable, with all the benefits accrued as merit employees as of July 1, 2020.

82 Del. Laws, c. 184, § 383 Del. Laws, c. 277, § 1

§ 3008A. Transfers and continuity [Effective July 1, 2024].

(a) All orders, enforcement actions, agreements of understanding, rules, and regulations made by within the Department of Services for Children, Youth and Their Families and which are in effect on July 1, 2020, remain in full force and effect until revoked or modified in accordance with the law by the Department of Education. Notwithstanding this chapter, all contracts and obligations of the Department of Services for Children, Youth and Their Families made or undertaken in the performance of a function transferred to the Department of Education by this chapter and being in force on July 1, 2020, remain in full force and effect and must be performed by the Department of Education until and unless the Department of Education takes formal action to modify any such contracts or obligations.

(b) Employees of OCCL within the Department of Services for Children, Youth and Their Families whose functions are consistent with and have been transferred to the Department of Education by this chapter continue and are deemed to be the employees of the Department of Education on July 1, 2020, and, where applicable, with all the benefits accrued as merit employees as of July 1, 2020.

82 Del. Laws, c. 184, § 383 Del. Laws, c. 277, § 183 Del. Laws, c. 249, § 7