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

82 Del. Laws, c. 184, § 3; 

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, § 3;  70 Del. Laws, c. 186, §  1;  83 Del. Laws, c. 248, § 2;  83 Del. Laws, c. 249, § 1;  83 Del. Laws, c. 277, § 1;  83 Del. Laws, c. 283, § 17; 

(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(b) [Repealed.]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, § 3;  83 Del. Laws, c. 249, § 2;  83 Del. Laws, c. 277, § 1; 

(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 unless the parent, in writing, declines developmental screening or notifies the licensee that the child is already receiving early intervention services or special education and related services. If an enrolled child’s parent or guardian does not conduct the yearly developmental and social emotional screening, the child care provider shall conduct the screening upon receipt of written parental consent.

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 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, § 3;  83 Del. Laws, c. 248, § 3;  83 Del. Laws, c. 249, § 3;  83 Del. Laws, c. 277, § 1;  83 Del. Laws, c. 283, § 18;  84 Del. Laws, c. 28, § 2; 

(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, § 3;  83 Del. Laws, c. 249, § 4;  83 Del. Laws, c. 277, § 1; 

(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, § 3;  83 Del. Laws, c. 248, § 4;  83 Del. Laws, c. 249, § 5;  83 Del. Laws, c. 277, § 1; 

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, § 3;  83 Del. Laws, c. 37, § 16;  83 Del. Laws, c. 249, § 6;  83 Del. Laws, c. 277, § 1; 

(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, § 3;  83 Del. Laws, c. 249, § 7;  83 Del. Laws, c. 277, § 1;