9 Del. Admin. Code — Services for Children Youth and Their Families

100 - 300 Division of Family Services Office of Child Care Licensing

300 Abuse and Background Checks

301 Background Checks for Child-Serving Entities

9 Del. Admin. Code § 301-1.0 Legal Base

The legal base for these regulations is in 31 Del.C. §309.

History

5 DE Reg. 1828 (3/1/02)
17 DE Reg. 331 (09/01/13)
19 DE Reg. 1023 (05/01/16)

9 Del. Admin. Code § 301-2.0 Purpose

The overall purpose of these regulations is to protect children who are in the care or custody of child-serving entities. Therefore, persons seeking employment who have regular direct access to children or provide services to a child or children at a child-serving entity must have a background check completed before employment or during a conditional period of employment. In addition, foster, respite, and adoptive parents must have a background check before approval or during a period of temporary approval with the Department or contracted providers. Unless a person is prohibited under law, employers may use their own employment and acceptance criteria which may be stricter than those described in these regulations.

History

5 DE Reg. 1828 (3/1/02)
17 DE Reg. 331 (09/01/13)
19 DE Reg. 1023 (05/01/16)

9 Del. Admin. Code § 301-3.0 Definitions

"Active on the child protection registry" means substantiated by the Division of Family Services for abuse or neglect at level II, III, or IV and reportable to employers.

"Administrative review" means a review provided to persons that are determined ineligible or prohibited on the basis of the background check results.

"Background check" means a State of Delaware and federal (national) fingerprinted report of a person's entire criminal history, a Department of Services for Children, Youth and Their Families child protection registry check and other checks as required by State or federal law.

"Child protection registry" means a central registry of information about persons the Division of Family Services has found cause to believe or a court has substantiated through court adjudication as having committed child abuse or neglect since August 1, 1994. Each substantiated incident shall be designated at one of three levels: II, III, IV.

"Child protection registry check" means a computer search of the child protection registry to determine if a person is active on the registry as a perpetrator in any substantiated case of child abuse or neglect.

"Child-serving entity" means any of the following: The Department of Services for Children, Youth and Their Families; which includes any employee of the Department or one of its contractors; residential child care facilities in Delaware which are under contract with or operated directly by the Department; child care providers as defined in 31 Del.C. §342(1); youth camps or summer schools that are exempt from licensing requirements; or facilities and individuals registered and eligible for Federal Child Care Development Block Grant funds through the Delaware Department of Health and Social Services.

"Conditional employee" means a person who has been offered a position, or has agreed to volunteer, or provide foster care on a temporary basis until the determination of eligibility is made by the Department.

"Contractor" means a person, not an employee, providing services within a child-serving entity who has regular direct access to children, or provides services directly to a child or children.

"Conviction" or "Convicted" means as defined in 16 Del.C. §902(6).

"Criminal history specialist" means the Department staff member, located in the Office of Child Care Licensing, who is responsible for processing and reviewing background check information consistent with departmental policies, procedures, and regulations.

"Criminal history supervisor" means the Department staff member, located in the Office of Child Care Licensing, who is responsible for the implementation of the background check policies, procedures, and regulations.

"Criminal History Unit" means the Department unit, located in the Office of Child Care Licensing that is responsible for completing background checks.

"Delaware Justice Information System" or "DELJIS" means the central state agency responsible for the database which contains Delaware's criminal justice information including arrests and convictions.

"Department" means the Department of Services for Children, Youth and Their Families.

"Direct access" means the opportunity to have personal unsupervised contact with children receiving care.

"Employee" means any person seeking paid employment with a child-serving entity, or any person who for any reason has regular direct access to children such as a volunteer, or provides services directly to a child or children at a child-serving entity. This definition shall also include adult household members in licensed and license exempt child care homes and applicants wishing to become foster, respite, or adoptive parents and their adult household members.

"Employer" means any child-serving entity.

"Felony convictions involving physical or sexual assault crimes" means as defined in 31 Del.C. §309.

"Foster parents" means foster, respite, and adoptive parents and all household members 18 years of age or older.

"Licensed child care" means as defined in 31 Del.C. §342(1).

"License exempt child care" means provider types that are exempt from licensure as defined in the Office of Child Care Licensing's Delacare regulations and the Department of Health and Social Services' policies.

"Misdemeanor convictions against children" means as defined in 31 Del.C. §309.

"Office of Child Care Licensing" or "OCCL" means the entity within the Department authorized under 31 Del.C. §§341-345 to promulgate and enforce regulations and standards for the conduct of child care, including the licensing thereof, and the development and implementation of policies and procedures.

"Prohibited" means a person has a prohibited conviction or child protection registry substantiation that prevents them from employment, volunteering, contracting, or being a foster parent as designated under 31 Del.C. §309, The Adoption and Safe Families Act of 1997 and The Child Care Development Block Grant Act of 2014.

"Prohibited child protection registry substantiation" means a child abuse or neglect substantiation that prevents a person from employment, volunteering, contracting, or being a foster parent as designated under 16 Del.C. §923.

"Prohibited conviction" means a felony or misdemeanor conviction that prevents a person from employment, volunteering, contracting, or being a foster parent as designated under 31 Del.C. §309, The Adoption and Safe Families Act of 1997 and The Child Care Development Block Grant Act of 2014.

"Regular direct access" means the opportunity to have personal contact for five days or 40 hours in a calendar year with children receiving care. Employers must ensure that employees and contractors will be supervised at all times. If supervision is not possible, a background check must be completed before allowing direct access.

"Residential child care facility" means any facility that provides care or treatment for children overnight or is a 24-hour facility. This facility is State owned and operated or is licensed by the OCCL to provide services.

"Youth camp" means a child-serving entity having custody or control of one or more school-age children, unattended by parent or guardian, for the purpose of providing a program of recreational, athletic, educational and/or religious instruction or guidance and operates for up to 12 weeks for three or more hours per day, during the months of May through September or some portion thereof, or during holiday breaks in the course of a school year, and is operated in a space or location that is not subject to licensing pursuant to 31 Del.C. §344.

History

5 DE Reg. 1828 (3/1/02)
17 DE Reg. 331 (09/01/13)
19 DE Reg. 1023 (05/01/16)

9 Del. Admin. Code § 301-4.0 Persons Subject to the Law

4.1 Generally, employees subject to a background check shall be those specified in subsections 4.2-4.7 who are in a position which involves:

4.1.1 The opportunity to have regular direct access to children receiving care or providing services directly to a child or children.

4.1.2 For limited, occasional, sporadic, one-time direct access that lasts less than five days or 40 hours, a background check is not required. However, employers must ensure these employees and contractors will be supervised at all times. If supervision is not possible, a background check must be completed before allowing direct access.

4.2 Department contractors. Background checks shall be conducted on contractor employees that have regular direct access or provide services directly to a child or children.

4.3 Foster parents as defined in Section 3.0

4.3.1 Background checks shall be conducted on:

4.3.1.1 Applicants for foster and respite care within the Department and in licensed child placing agencies providing foster care.

4.3.1.2 Applicants for adoption within the Department and in licensed child placing agencies providing adoption services.

4.3.1.3 Petitioners in relative adoptions.

4.3.1.4 Applicants for interstate adoption or foster placement when a child is from another state and is being placed in Delaware and when a Delaware child is being placed in another state.

4.3.1.5 Household members 18 years of age and older in foster, respite, and adoptive homes. The Department may, when there is cause to believe the health, safety, or welfare of a child in care may be at risk, request consent from a parent/guardian for a background check on a household member under 18 years of age.

4.4 Department employees. Background checks shall be conducted on all Department employees.

4.5 Licensed child care

4.5.1 Background checks shall be conducted on:

4.5.1.1 Employees and contractors within family child care, large family child care, early care and education centers, school age centers, child placing agencies, and residential child care facilities.

4.5.1.2 Household members 18 years of age and older in family child care and large family child care. The Department may, when there is cause to believe the health, safety, or welfare of a child in care may be at risk, request consent from a parent/guardian for a background check on a household member under 18 years of age.

4.6 License exempt child care

4.6.1 Background checks shall be conducted on:

4.6.1.1 Employees and contractors within child care facilities and youth camps receiving Federal Child Care Development Block Grant funds through the Delaware Department of Health and Social Services.

4.6.1.2 Applicants and household members 18 years of age and older in relative care homes receiving Federal Child Care Development Block Grant funds through the Delaware Department of Health and Social Services. The Department may, when there is cause to believe the health, safety, or welfare of a child in care may be at risk, request consent from a parent/guardian for a background check on a household member under 18 years of age.

4.7 Youth camps

4.7.1 Background checks shall be conducted on employees and contractors at youth camps. Such checks shall be valid for a 5 year period.

4.7.2 Youth camps not receiving Federal Child Care Development Block Grant Funds may elect not to go through the fingerprinting process, but instead choose to perform all of the following:

4.7.2.1 a name-based Delaware criminal background check and child protection registry check for prospective employees and contractors through the DELJIS;

4.7.2.2 a name-based child protection registry check through the Department; and

4.7.2.3 an out-of-state criminal record check using private third party providers including a social security number trace search and county-based criminal record search in the counties in which the individual has resided within the past 10 years.

History

5 DE Reg. 1828 (3/1/02)
17 DE Reg. 331 (09/01/13)
19 DE Reg. 1023 (05/01/16)

9 Del. Admin. Code § 301-5.0 Background Check Process

5.1 The employer shall require each person subject to the law, either as soon as that person has accepted a position, or has agreed to serve as a volunteer, to schedule a fingerprint appointment before the start of employment. In the case of foster parents, fingerprinting must be completed before completing pre-service training or the home study process.

5.1.1 Department employees, contractors, foster parents, applicants for licensed center child care, applicants for licensed family child care and their adult household members, applicants for license exempt relative child care and their adult household members must be fingerprinted before employment or approval and provide the State Bureau of Identification receipt of fingerprinting to the employer or the OCCL for licensed child care or the Department of Health and Social Services for license exempt child care before starting employment or providing child care.

5.1.2 Licensed child care employees, license exempt child care employees, and youth camp employees as required must be fingerprinted within 30 days of the start of employment and provide the State Bureau of Identification receipt of fingerprinting to their employer.

5.1.2.1 Youth camps not receiving Federal Child Care Development Block Grant funds may elect not to go through the fingerprinting process as specified in subsection 4.7.2.

5.2 The person goes to a designated Delaware State Police Troop and has two sets of fingerprints taken.

5.3 The Delaware State Police follow established procedures to obtain criminal history information from the State Bureau of ldentification and Federal Bureau of lnvestigation. A report of the person's criminal history record or a statement that there is no criminal history information relating to that person is forwarded to the Criminal History Unit. The Delaware State Police also forward the person's Delaware criminal history record or a statement that there is no criminal history information relating to that person to the child-serving entity.

5.4 After receipt of the criminal history results, Criminal History Unit staff conduct a child protection registry check and all other checks required by State and federal law.

5.5 The criminal history specialist reviews the background check results from the State Bureau of Identification, child protection registry, Federal Bureau of Investigation, "Background Check Request" form, and all other checks required by State and federal law. This review is guided by the criteria specified in subsections 6.1-7.2.

5.6 When the background check review is completed and all further investigation is conducted, the criminal history specialist shares the results with the criminal history unit supervisor when the recommendation is ineligible or prohibited. The supervisor makes the eligibility determination based on the criteria specified in subsections 6.1-7.2. Upon making a determination of ineligible or prohibited, the Criminal History Unit shall provide notification to the child-serving entity, OCCL for licensed child care, the Department of Health and Social Services for license exempt child care, and the employee or contractor.

5.7 In the event the employee or contractor has reason to challenge the accuracy or completeness of background check results, an administrative review will be provided, as explained in Section 8.0.

History

5 DE Reg. 1828 (3/1/02)
17 DE Reg. 331 (09/01/13)
19 DE Reg. 1023 (05/01/16)

9 Del. Admin. Code § 301-6.0 Criteria for Prohibited Convictions and Child Protection Registry Substantiations

6.1 People convicted of a prohibited offense or active on the child protection registry for a prohibited substantiation shall be prohibited from employment, volunteering, contracting, or residing in a licensed or license exempt family child care home, or providing foster care, respite care or adoption without consideration of other criteria.

6.2 If a person has more than one prohibition, the higher level prohibition shall apply.

6.3 The Adoption and Safe Families Act of 1997 prohibits people from becoming foster or adoptive parents if they have the following felony convictions:

6.3.1 Child abuse or neglect, spousal abuse, crimes against children (including child pornography), and crimes involving violence including rape, sexual assault, and homicide committed at any time.

6.3.2 Physical assault, battery, and drug related offenses committed within the past five years.

6.4 The Child Care Development Block Grant Act of 2014 prohibits child care persons from employment, volunteering, substituting, contracting, or living in licensed child care centers, family child care homes, and license exempt facilities and homes if such person:

6.4.1 Refuses to consent to the background check;

6.4.2 Knowingly makes a materially false statement in connection with the background check;

6.4.3 Is registered, or is required to be registered, on a State sex offender registry or repository or the National Sex Offender Registry; or

6.4.4 Has been convicted of a felony consisting of murder, child abuse or neglect, a crime against children, including child pornography, spousal abuse, a crime involving rape or sexual assault, kidnapping, arson, physical assault or battery committed at any time; or

6.4.5 Has been convicted of a felony drug-related offense committed during the preceding 5 years; or

6.4.6 Has been convicted of a violent misdemeanor committed as an adult against a child, including the following crimes: child abuse, child endangerment, sexual assault or child pornography at any time.

History

5 DE Reg. 1828 (3/1/02)
17 DE Reg. 331 (09/01/13)
19 DE Reg. 1023 (05/01/16)

9 Del. Admin. Code § 301-7.0 Criteria for Ineligibility

7.1 Information received from the background check shall be reviewed by the criminal history specialist to determine eligibility for employment, contracting, and foster care based on the following criteria:

7.1.1 Types of criminal convictions;

7.1.1.1 Criminal convictions other than those that are prohibited shall be reviewed in consideration of the criteria below. Other convictions for offenses which may make an employee or contractor ineligible for employment or may make a prospective foster parent ineligible are those in the Delaware Code, which may contain (but are not limited to) the following characteristics:

7.1.1.1.1 Criminal conviction against a person where physical harm or death has taken place;

7.1.1.1.2 Criminal conviction involving weapons, explosive devices, or threat of harm;

7.1.1.1.3 Criminal conviction involving public indecency and obscenity which may have been the result of plea bargain situations;

7.1.1.1.4 Criminal conviction that shows a disregard of others, such as reckless endangering, arson;

7.1.1.1.5 Criminal conviction of cruelty to animals or deviant behavior such as abusing a corpse; or

7.1.1.1.6 Criminal conviction against the Uniform Controlled Substances Act.

7.1.1.2 The criminal convictions contained in subsection 7.1.1.1 involving the employee, contractor, or foster parent shall be reviewed in consideration of other criteria below.

7.1.2 Number of convictions;

7.1.3 Length of time since the conviction or convictions;

7.1.4 Severity of the conviction or convictions;

7.1.5 Criminal record since the conviction or convictions;

7.1.6 Relationship of the conviction or convictions to the type of job assignment or responsibilities of the person;

7.1.7 Current probation or parole status; and

7.1.8 Policies of the Department.

7.2 Failure by a person to disclose relevant criminal history or child protection registry information on the "Background Check Request" form that is subsequently disclosed as a result of the background check may be grounds for immediate termination of an employee or contractor, or denial of approval for licensure or foster, respite, or adoptive care.

History

5 DE Reg. 1828 (3/1/02)
17 DE Reg. 331 (09/01/13)
19 DE Reg. 1023 (05/01/16)

9 Del. Admin. Code § 301-8.0 Administrative Review

8.1 The background check is only one factor being considered in the hiring or approval process. If the employer makes an adverse judgment before the check is completed or based on any criterion other than the background check, this administrative review does not apply.

8.2 Any person who is determined ineligible or prohibited as a result of an adverse judgment made by the Criminal History Unit on the basis of the criminal background check results, shall be entitled to an administrative review for reconsideration.

8.3 If the person believes the criminal background check information resulting in a determination of ineligible or prohibited is inaccurate or incomplete, the person may request an administrative review. The request must be submitted in writing to the Criminal History Unit within10 business days of receiving notification of the determination of ineligible or prohibited.

8.4 When a person has requested an administrative review, the following shall apply:

8.4.1 The person shall be removed from direct access to children or provisions made for on-site supervision of the person during working hours pending the results of the review.

8.4.2 In the case of foster parents, children may be removed from the home or no further placements shall be made pending the results of the review.

8.4.3 In the case of adoptive parents, the application shall remain active, but children may be removed from the home pending results of the review.

8.4.4 The employer shall notify the criminal history specialist of the action taken with the person pending the review results. This notification is in addition to following established procedures and regulations already governing State personnel or individual facilities or agencies.

8.5 In the case of an administrative review of a decision involving a Department operated facility or Department employee, the applicable division director or designee shall conduct the review in conjunction with personnel and within the context of these regulations, merit rules and labor agreements, and the employment status of the person.

8.6 When the administrative review involves a Division of Family Services approved foster parent, the director of the Division of Family Services or designee shall conduct the review.

8.7 In the case of an administrative review of a decision involving a contracted facility or child placing agency, the division director or designee of the contracting division shall conduct the review.

8.8 In the case of an administrative review of a decision involving a licensed center, family child care, or youth camp, OCCL administrator or designee shall conduct the review.

8.9 In the case of an administrative review of a decision involving a license exempt home, facility, or youth camp receiving Child Care Development Block Grant funds, the Department of Health and Social Services senior administrator or designee shall conduct the review.

8.10 The employer and the person shall be bound by the final decision of the administrative review which is made by the person that conducted the review. If the employer does not accept and follow the decision, sanctions shall apply.

History

5 DE Reg. 1828 (3/1/02)
17 DE Reg. 331 (09/01/13)
19 DE Reg. 1023 (05/01/16)

9 Del. Admin. Code § 301-9.0 Subsequent Criminal History Information

Subsequent criminal history information received after the initial background check, shall be reviewed by the Criminal History Unit and shared with the child-serving entity when there are concerns with a person's continued eligibility for employment, volunteering, contracting, foster care, respite care and adoption.

History

5 DE Reg. 1828 (3/1/02)
17 DE Reg. 331 (09/01/13)
19 DE Reg. 1023 (05/01/16)

9 Del. Admin. Code § 301-10.0 Employer Responsibilities

10.1 The employer shall direct persons working or volunteering in a child-serving entity to the State Police to have fingerprints taken. Employer shall ensure the completion of this process by receiving an SBI receipt of fingerprinting from the person who was fingerprinted.

10.1.1 The employer, whenever possible, will notify the criminal history specialist if a person is terminated before the background check process is completed.

10.1.2 The employer shall require employees to notify the employer of any subsequent charges and subsequent allegations of child abuse or neglect against them as a condition of continued employment or approval.

10.2 When the employer is notified that a person is determined prohibited, the employer shall immediately take steps to remove the person from direct access to children pending the results of an administrative review. The employer shall abide by the review decision.

10.3 In the event that a person does not request an administrative review for a prohibited determination, the employer must terminate the employee, volunteer or contractor.

History

5 DE Reg. 1828 (3/1/02)
17 DE Reg. 331 (09/01/13)
19 DE Reg. 1023 (05/01/16)

9 Del. Admin. Code § 301-11.0 Sanctions

11.1 Sanctions against employers (division/facility/agency) shall be applied and enforced in the following circumstances:

11.1.1 An employer fails to require background checks for affected employees.

11.1.2 An employer knowingly hires or approves a person who is prohibited as a result of a conviction or child protection registry substantiation for a prohibited offense.

11.1.3 An employer does not comply with the final recommendation of an administrative review.

11.2 Sanctions applied to contracted agencies, residential facilities, licensed family child care homes, child care centers, and child placing agencies for violation of the law or the regulations may include:

11.2.1 Amendment or termination of any agreements with the Department to provide the contracted service;

11.2.2 Removal of children from placement;

11.2.3 Suspension of future child referrals; or

11.2.4 Enforcement action by OCCL including license revocation.

11.3 Sanctions against Department divisions for violation of the law or regulations shall be applied to responsible staff by the Secretary on a case-by-case basis and may include:

11.3.1 Involuntary reassignment; or

11.3.2 Discipline up to and including dismissal.

History

5 DE Reg. 1828 (3/1/02)
17 DE Reg. 331 (09/01/13)
19 DE Reg. 1023 (05/01/16)

9 Del. Admin. Code § 301-12.0 Confidentiality

12.1 11 Del.C. §8513(c)(1) permits the State Bureau of ldentification to furnish information concerning the identification and conviction data of any person seeking employment as long as the information is only used for the purpose it was given.

12.2 The Department shall ensure written and electronically recorded background check information shall be stored in a systematic manner, to provide for the security and confidentiality of records and to protect against any anticipated threats to their security and integrity.

12.3 The Department shall ensure the use of the background check information is restricted to its purpose of determining eligibility for employment or approval to provide child care services.

12.4 As stipulated in Public Law 92-544 and 28 CFR 50.12, the Department shall not release copies of actual Federal Bureau of lnvestigation criminal history records to employers as defined in these regulations.

12.5 Background check information shall not be shared with any persons other than the employee whose record is being sought, the employer, the Department, the Department of Health and Social Services for license exempt care and authorized federal and State officials in compliance with 11 Del.C. §8513(d).

History

5 DE Reg. 1828 (3/1/02)
17 DE Reg. 331 (09/01/13)
19 DE Reg. 1023 (05/01/16)

302 Child Protection Registry Checks for Persons Working in Health Care Facilities, Public Schools, Private Schools, and Youth Camps

9 Del. Admin. Code § 302-1.0 Legal Base

The legal base for these regulations is in 11 Del.C. §8563 and 31 Del.C. §309.

History

17 DE Reg. 339 (09/01/13)
19 DE Reg. 1025 (05/01/16)

9 Del. Admin. Code § 302-2.0 Purpose

The overall purpose of these regulations is to protect the "vulnerable" population in health care facilities, public schools, private schools, and youth camps. Therefore, persons seeking employment in a health care facility, public school, or youth camp shall submit to a child protection registry check. People seeking employment in a private school may voluntarily submit to a child protection registry check. A child protection registry search will be conducted to determine if the person is active on the registry as a perpetrator in any substantiated cases of child abuse or neglect.

History

17 DE Reg. 339 (09/01/13)
19 DE Reg. 1025 (05/01/16)

9 Del. Admin. Code § 302-3.0 Definitions

"Active on the child protection registry" means substantiated by the Division of Family Services for abuse or neglect at level II, III, or IV and reportable to employers.

"Criminal History Unit" means the Department unit, located in the Division of Family Services that is responsible for completing child protection registry checks.

"Department" means the Department of Services for Children, Youth and Their Families.

"Direct access" means the opportunity to have personal contact with people receiving care or education during the course of one's assigned duties.

"Division of Family Services" means the division that maintains the child protection registry.

"Employer" means any health care facility, higher education institution, public school, private school, or youth camp as defined.

"Health care facility" means any custodial or residential facility where health, nutritional, or personal care is provided for people including nursing homes, hospitals, home health care facilities, and adult day care facilities.

"Higher education institution" means a Delaware college or university that has a teacher preparation program that places candidates into student teaching placements in a Delaware public school.

"Person seeking employment" means any person applying for employment in a public school or public school district, or with an agency that supplies contracted services to students of a public school, or any other person who for any reason has regular direct access to children at any public school, or any person applying for employment in a health care facility or at a youth camp. This definition also includes volunteers, student teachers, and substitute teachers.

"Private School" means a school having any or all of grades kindergarten through twelve, operating under a board of trustees and maintaining a faculty and plant which are properly supervised.

"Public school" means any public school and includes any board of education, school district, charter school, or any person acting as a representative of one.

"Volunteer" means any person who has direct access to people receiving care or education during the course of one's assigned unpaid duties.

History

17 DE Reg. 339 (09/01/13)
19 DE Reg. 1025 (05/01/16)

9 Del. Admin. Code § 302-4.0 Persons Subject to the Law

Persons seeking employment in a health care facility, public school, or youth camp who have direct access to people receiving care or education are subject to the child protection registry check.

History

17 DE Reg. 339 (09/01/13)
19 DE Reg. 1025 (05/01/16)

9 Del. Admin. Code § 302-5.0 Employer Responsibilities

5.1 No employer who operates a health care facility, public school, or youth camp shall hire any person without requesting a child protection registry check for that person.

5.2 The employer shall obtain a completed and signed full release form from each person subject to the law in order to receive the child protection registry check results. The release form is issued by the Department.

5.3 Any person hired before the employer receives the results of the child protection registry check, must be informed in writing, and must acknowledge in writing that employment is conditional and depends upon the receipt and evaluation of the child protection registry check results.

History

17 DE Reg. 339 (09/01/13)
19 DE Reg. 1025 (05/01/16)

9 Del. Admin. Code § 302-6.0 Child Protection Registry Check Process

6.1 The person seeking employment completes and signs a release form in order for a child protection registry check to be conducted.

6.2 After the employer obtains the signed release and payment is received from the applicant or employer, the Criminal History Unit conducts a child protection registry check to find out if the person is active on the registry as a perpetrator in any substantiated cases of child abuse or neglect.

6.3 When the person is not listed in the child protection registry as a perpetrator of child abuse or neglect, the employer is notified of the results.

6.4 When the person is listed in the child protection registry as a perpetrator of child abuse or neglect, the employer and person seeking employment are notified of the results.

History

17 DE Reg. 339 (09/01/13)
19 DE Reg. 1025 (05/01/16)

9 Del. Admin. Code § 302-7.0 Criteria for Ineligibility

No employer who operates a health care facility or youth camp and no public school may hire any person seeking employment if the person is active on the child protection registry at child protection Level III or IV as provided in 16 Del.C. §923.

History

17 DE Reg. 339 (09/01/13)
19 DE Reg. 1025 (05/01/16)

9 Del. Admin. Code § 302-8.0 Review of Department Records

8.1 When a person is listed as active on the child protection registry as a perpetrator, that person will be allowed the opportunity to review the record information maintained by the Division of Family Services.

8.2 The following procedures shall be established to permit the review of record information:

8.2.1 The person shall submit a request in writing to the child protection registry substantiation hearing coordinator provided as part of the results of the child protection registry check.

8.2.2 Upon receipt of the request, an appointment shall be scheduled for the person to review the record information.

8.2.3 The review shall take place in the presence of a Division of Family Services staff member.

History

17 DE Reg. 339 (09/01/13)
19 DE Reg. 1025 (05/01/16)

9 Del. Admin. Code § 302-9.0 Voluntary Child Protection Registry Checks

Any private school, youth camp operated by a private school, or any person or organization whose primary concern is that of child welfare and care may voluntarily submit to having a child protection registry check conducted at such person's or organization's expense according to the Department of Services for Children, Youth and Their Families' procedures.

History

17 DE Reg. 339 (09/01/13)
19 DE Reg. 1025 (05/01/16)

9 Del. Admin. Code § 302-10.0 Confidentiality

The Department shall ensure that confidentiality regarding case file reviews and the dissemination of information is only given out according to Department policy.

History

17 DE Reg. 339 (09/01/13)
19 DE Reg. 1025 (05/01/16)

303 Entry on to and Expungement from the Central Child Abuse Registry

9 Del. Admin. Code § 303 Entry on to and Expungement from the Central Child Abuse Registry

300 Abuse and Background Checks

303 Entry on to and Expungement from the Central Child Abuse Registry

1.0 Legal Authorization

1.1 The legal authority for these regulations is found in the Delaware Code: Title 10, Chapters 9 and 10; Title 11, Chapters 5 and 85; Title 16, Chapter 9; and Title 31, Chapter 3.

2.0 Purpose

2.1 The purpose of these regulations is to provide a process for notice and opportunity for hearing prior to a person’s entry on the Central Child Abuse Registry.

3.0 Date of Implementation

3.1 These regulations become effective ten days after publication in final form in the Delaware Register of Regulations.

4.0 Individuals Subject to the Law

4.1 Persons, adults or children, substantiated on or after April 1, 2001 to have committed child abuse or neglect, except that the opportunity for administrative expungement shall be provided for substantiated cases before or after April 1, 2001 unless a disqualifying factor applies.

5.0 Definitions

“Abuse” as defined in 16 Del.C., § 902 (1) means any physical injury to a child by those responsible for the care, custody, and control of the child, through unjustified force as defined in 11 Del.C., §468, emotional abuse, torture, criminally negligent treatment, sexual abuse, exploitation, or mistreatment.

“Administrative Expungement” as defined in 16 Del.C., § 902A (g) means that the individual's name shall no longer be reported to employers pursuant to 11 Del.C. § 8563(b) in a Central Child Abuse Registry check as a substantiated case from the central registry. Notwithstanding the granting of a request for administrative expungement under this section, the individual's name and other case information shall remain on the central registry as substantiated for all other purposes, including, but not limited to, the Division's use of such information for historical, treatment and investigative purposes, child care licensing decisions, reporting pursuant to 31 Del.C. §309, reporting to law enforcement authorities, or any other purpose set forth in 16 Del.C. § 906(b).

“Central Registry” as defined in 16 Del.C., §902(2) means a registry of information about persons the Division of Family Services has substantiated to have committed child abuse and neglect. Substantiation may be made through civil or criminal proceedings or through civil administrative decision or proceedings where the burden of proof is at a minimum a preponderance of the evidence. The persons shall have been responsible for the care, custody, and control of the child as defined in 16 Del.C. §902 (13).

“Department” means the Department of Services for Children, Youth and Their Families.

“Disqualifying Factors” means items that disqualify an individual from the opportunity for notice and a substantiation hearing or the opportunity for administrative expungement.

“Division” means the Division of Family Services.

“Good Cause” means discretionary factors that justify not reporting a substantiated case of child abuse or neglect to an employer. It depends upon the circumstances of the individual case and the finding of it lies in the discretion of the decision-maker to which the decision is committed.

“Neglect” as defined in 16 Del.C., §902 means the failure to provide, by those responsible for the care, custody, and control of the child, the proper or necessary: education as required by law; nutrition; or medical, surgical, or any other care necessary for the child's well-being.

“Intent to Substantiate” means a person for whom the Division of Family Services intends to substantiate for child abuse or neglect, but whose name has not been entered on the registry.

“Preponderance of the Evidence” is a standard of proof that is met when a party's evidence indicates that the fact "is more likely than not" what the party alleges it to be. Evidence which, as a whole, shows the fact to be proved is more probable than not.

“Substantiated” means that the Division of Family Services after an investigation has concluded by a preponderance of the evidence that child abuse or neglect occurred. In addition, substantiation may occur through civil or criminal judicial proceedings, failure to request a Substantiation Hearing within the specified time frame, or by decision of a hearing officer.

“Substantiation Hearing” means a hearing held by a hearing officer to determine whether or not an individual committed child abuse or neglect.

“Substantiated Person” means a person who has been substantiated by the Division of Family Services as having committed child abuse or neglect and has been entered on the Central Child Abuse Registry.

6.0 Substantiation Hearing

6.1 Notice to Substantiated Persons Pending Entry on the Central Child Abuse Registry

6.2 At the conclusion of an investigation the Division shall send written notice, by certified mail, return receipt requested to the person's last known address, of its intent to place a person on the Central Registry for having committed child abuse or neglect, and shall advise the individual of the opportunity to request a Substantiation Hearing. The person can also be notified by personal delivery and accepting service of the notice in writing.

6.3 A person substantiated for child abuse or neglect, or an attorney acting on his or her behalf, shall have twenty (20) calendar days from the date the notice was mailed to request a Substantiation Hearing. The request for a Substantiation Hearing shall be in writing and shall be received by the Division Director, or designee, within 20 days of the date the notice was mailed.

6.4 Though the Division shall still issue its notice and the individual may request a Substantiation Hearing within twenty (20) days, when such Substantiation Hearing is timely requested, such hearing shall be stayed if civil or criminal proceedings regarding the same allegations of child abuse or neglect are pending. He or she shall be eligible to reschedule a Substantiation Hearing following the resolution of the criminal or delinquency charges or other civil court proceeding, unless the same conditions in Regulation 10.0 apply for the same child abuse or neglect incident investigated by the Division.

6.5 A person substantiated for child abuse or neglect may waive in writing his or her right to a Substantiation Hearing and request an Administrative Expungement in writing to the Division Director, or designee.

7.0 Disqualifying Factors

7.1 See circumstances identified in Regulation 10.0.

8.0 Procedures

8.1 Unless postponed or stayed, within twenty (20) calendar days of receiving a request for a hearing by the person found to have committed child abuse or neglect (appellant), a Substantiation Hearing date shall be set, and such hearing shall be held by the hearing officer within sixty (60) calendar days of the receipt of such request.

8.2 The burden of proof at the hearing shall be upon the Division, which shall be required to prove by a preponderance of the evidence that abuse or neglect occurred.

8.3 The appellant and the Division may have legal representation during the hearing. The parties may also present witnesses and other evidence on their behalf.

8.4 The hearing officer shall have the authority to:

8.4.1 issue subpoenas for witnesses and other sources of evidence, either at the request of the Division or at the request of the appellant;

8.4.2 administer oaths to witnesses;

8.4.3 exclude irrelevant, immaterial, insubstantial, cumulative and privileged evidence;

8.4.4 limit proof, rebuttal and cross-examination if they are repetitive; and

8.4.5 hold pre-hearing conferences for the settlement or simplification of issues by consent, for the disposal of procedural requests or disputes and to regulate and expedite the course of the hearing.

8.5 An audio tape recording shall be made of the hearing. Copies of the tape or request for a transcript of same may be made at the request of and expense of the appellant.

8.6 Following the Substantiation Hearing, the hearing officer shall issue a written decision to the appellant by certified mail, return receipt requested and by regular mail to the Division no later than sixty (60) calendar days from the last day of the conclusion of the hearing and arguments.

8.7 The decision shall include a brief summary of evidence and findings of fact based upon the evidence and conclusions of law. The appellant should be advised of the right to request an appeal of the decision to Family Court.

9.0 Appeal to Family Court Following Substantiation Hearing Decision

9.1 The appellant or the Division may request a review by Family Court within thirty (30) days of the date of the hearing officer's decision.

9.2 The Family Court review shall be limited in scope to whether there is substantial evidence to support the findings of fact or whether any error of law was made.

9.3 Such reviews, hearings and decisions, audio tapes, transcripts, and records on appeal to Family Court shall be confidential and not open to the public. Neither the Administrative Procedures Act 29 Del.C., Ch.101 nor the Freedom of Information Act shall apply to such hearings, any record thereof, or any evidence or documents produced or introduced at such hearings. The Division shall have the discretion to release records, the decision, and hearing evidence pursuant to 16 Del.C. § 906 (b)(18).

10.0 Entry on to the Central Child Abuse Registry

10.1 A person found to have committed child abuse or neglect shall be entered on the Central Registry when he or she:

10.1.1 fails to make timely request in writing for a Substantiation Hearing in response to a notice as specified in law and regulation or failed to make a timely written request to appeal a similar notice issued prior to the enactment of this law;

10.1.2 fails to appear at a scheduled Substantiation Hearing without prior approval of the hearing officer or fails to show that good cause existed to postpone the hearing within ten (10) calendar days after the scheduled hearing date of the reason for his or her absence from the hearing;

10.1.3 has been afforded a hearing and the substantiation was upheld;

10.1.4 has been convicted or pled guilty to a criminal offense contained in Subchapters II or V of Chapter 5 of Title 11 including those taken nolo contendere or subsequently discharged or dismissed under a First Offenders program pursuant to 10 Del.C. §1024 and the plea or conviction is for the same incident substantiated by the Division;

10.1.5 has been adjudicated delinquent as a juvenile for any of the comparable criminal offenses listed for adults for the same incident investigated by the Division; and

10.1.6 has been substantiated for abuse or neglect at a civil court hearing or administrative hearing at which the minimum standard of proof was preponderance of the evidence for the same incident investigated by the Division.

10.1.7 has been substantiated as provided in 16 Del.C. § 902A(f)(1).

11.0 Administrative Expungement of Substantiated Cases

11.1 An application for administrative expungement of a substantiated case may be made by any individual whose name is entered on the Central Child Abuse Registry unless there is one or more disqualifying factors. Expungement may be granted only for good cause, and at the discretion of the Division considering, but not limited to, the factors below:

11.1.1 the nature of the substantiation with respect to safety of the children who may come into the individual's direct care;

11.1.2 compliance with a DFS recommended or court-ordered treatment plan;

11.1.3 history of substantiated or unsubstantiated reports of child abuse and neglect;

11.1.4 any evidence of acts involving weapons, explosive devices, or threats of harm;

11.1.5 any evidence of domestic violence involving assaults, stalking, or cruelty to animals;

11.1.6 any evidence of addiction to drugs or alcohol that presents a significant and current threat of harm to children;

11.1.7 untreated or treated medical conditions that present a significant and current threat of harm to children;

11.1.8 length of time since the child abuse or neglect incident;

11.1.9 seriousness of the child abuse or neglect incident;

11.1.10 number of child abuse or neglect incidents;

11.1.11 indication of remorse; and changed behavior.

11.1.12 The Division may consider any other factors relevant to the substantiated individual’s application for expungement.

12.0 Disqualifying Factors

12.1 The entire criminal history of a person, including all convictions, is required to be reported for any person seeking employment with a licensed child care provider (11 Del.C. § 8561) and for a person seeking employment in a nursing home, hospital, or other entity licensed pursuant to Chapter 11 of Title 16 of the Delaware Code (16 Del.C. §1141), thus an individual shall not be eligible for Administrative Expungement when he or she has been convicted, pled guilty, or has been adjudicated delinquent via plea or adjudication of any criminal offense contained in Subchapters II or V of Chapter 5 of Title 11, or of the same offenses if charged or delinquent in which the person was responsible for the care, custody, and control of the child at the time of the offense.

13.0 Procedures

13.1 A person placed on the Central Child Abuse Registry may submit a written request for Administrative Expungement to the Division Director, or designee, with the reasons therefor.

13.2 Within sixty (60) days of receiving the written request for Administrative Expungement, the Division shall send its decision by certified mail, return receipt requested to the person requesting expungement. The decision shall include notice of the right to appeal to a hearing officer for a hearing on the issue of administrative expungement.

13.3 A person placed on the Central Child Abuse Registry, or an attorney acting on his or her behalf, shall have thirty (30) calendar days of the Division’s decision to request an Administrative Expungement hearing before a hearing officer. The request shall be made in writing to the hearing officer.

13.4 The procedures for an Administrative Expungement hearing shall be the same as for the Substantiation Hearing before a hearing officer. (See Regulations 8.3-8.7).

14.0 Appeal to Family Court Following Administrative Expungement Decision

14.1 Within thirty (30) days of the date of the hearing officer’s decision, either the Division or the person requesting expungement, or an attorney acting on his or her behalf, may file a written appeal to Family Court.

14.2 Such reviews, hearings and decisions, audio tapes, transcripts, and records on appeal to Family Court shall be confidential and not open to the public. Neither the Administrative Procedures Act 29 Del.C., Ch.101 nor the Freedom of Information Act shall apply to such hearings, any record thereof, or any evidence or documents produced or introduced at such hearings. The Division shall have the discretion to release records, the decision, and hearing evidence pursuant to 16 Del.C. § 906 (b)(18).

15.0 Cases Substantiated Prior to April 1, 2001

15.1 A substantiated person can request a Substantiation Hearing unless they have already been notified by the Division of the right to appeal and failed to appeal, have already been given a hearing regarding the substantiation, or he or she have the circumstances described in Regulation 10.0 or in 16 Del.C. § 902A(f)(1).

15.2 A substantiated person can request an Administrative Expungement unless a disqualifying factor applies.

4 DE Reg. 1556 (3/1/01)

304 Child Protection Registry

9 Del. Admin. Code § 304 Child Protection Registry

300 Abuse and Background Checks

304 Child Protection Registry

1.0 Legal Authorization

The legal authority for these regulations is found in the 16 Del.C. Ch. 9.

2.0 Purpose

The purpose of these regulations is (1) to develop regulations that assess the risk of future harm to children from acts of abuse or neglect and to designate each such act of abuse or neglect to a Child Protection Level, pursuant to 16 Del.C. §923; and (2) to develop regulations for classifying unsubstantiated cases of abuse or neglect within the Division of Family Services’ internal information system, pursuant to 16 Del.C. §924.

3.0 Date of Implementation

The proposed revisions to the regulations become effective no less than ten days after publication of the final order.

7 DE Reg. 787 (12/1/03)

4.0 Applicability

These regulations apply to acts of abuse or neglect that are alleged to have occurred on or after February 1, 2003; and to the designation to Child Protection Levels of each case substantiated for abuse or neglect that was placed on the Central Registry (also known as the Central Child Abuse Registry, the Child Abuse Registry, and the Central Abuse Registry) between August 1, 1994 and February 1, 2003.

5.0 Definition

“Parent/caretaker” means those responsible for the care, custody, and control of the child as that term is defined in 16 Del.C. §902.

6.0 Assessment of the Risk of Future Harm and Designation of Child Protection Levels

6.1 During an investigation of an incident of abuse or neglect, the Division of Family Services shall be guided by 16 Del.C. §906(b).

6.2 A person who has been substantiated for abuse or neglect must be entered on the Child Protection Registry at one of four designated Child Protection Levels related to the risk of future harm to children arising from the incident under investigation or for which a person has been substantiated.

7.0 Child Protection Level I

7.1 The following incidents of abuse or neglect shall be deemed to present a low risk of future harm to children and shall be designated to Child Protection Level I:

7.1.1 “Educational Neglect” means failure by a parent/caretaker to follow through with Court-ordered activity for the child after conviction in Court for “Failure to Send Child to School.”

7.1.2 “Mild to Moderate Emotional Abuse” includes, but is not limited to, behaviors by a parent/caretaker toward a child such as recurrent incidents of ridiculing, demeaning, making derogatory remarks, cursing, or threatening to inflict undue physical or emotional harm.

7.1.3 “Mild to Moderate Emotional Neglect” means mild to moderate and/or isolated incidents of isolating/shunning, rejecting, or ignoring a child. This category includes inaction by a parent/caretaker or a failure to protect the child that results in little to no harm to the child’s sense of well-being and safety. Child witnessing of misdemeanor domestic violence is also at this level.

7.1.4 “Mild Physical Neglect” means failure by a parent/caretaker of a child to provide for the basic needs (e.g., food, clothing, shelter) of the child, for no apparent financial reason, and although this failure decreases the child’s general well-being, it does not present a threat to the child’s safety. The child’s general well-being may also be decreased by inaction by a parent/caretaker or a failure to protect the child.

7.2 Conviction of any of the following crimes when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate shall be deemed to present a low risk of future harm to children and shall be designated Child Protection Level I:

7.2.1 violation of compulsory school attendance requirements or truancy,

7.3 An incident of abuse or neglect containing the elements of any crime or offense listed or described in 7.2.1 without regard to the institution or result of criminal or delinquency proceedings based on such incident.

7 DE Reg. 787 (12/1/03)

8.0 Child Protection Level II

8.1 The following incidents of abuse or neglect shall be deemed to present a moderate risk of future harm to children and shall be designated Child Protection Level II:

8.1.1 “Bruises, cuts and lacerations not requiring intervention by a medical professional” means injury caused by a parent/caretaker to the body tissue of a child causing discoloration, but without breaking the skin (bruise) or an injury which causes an open wound (cut/laceration) of a child over the age of six months. The injuries did not require medical treatment beyond medical examination and/or were not extensive (size, quantity, and location) on the child’s body.

8.1.2 “Child Left Alone, Ages 12-17/Disabled Child with Minimal Care Needs” means a parent/caretaker left the child alone or without a substitute caretaker for an extended period of time and appropriate plans for an emergency have not been made. This category includes a disabled child of any age who requires on-site supervision and protection, but minimal assistance with activities of daily living (e.g., eating, hygiene, toiletry).

8.1.3 “Lack of Supervision, ages 7 – 11” means the parent/caretaker of a child fails to provide immediate care to ensure the well-being and safety of the child, who is unable to care for him/herself or respond appropriately to an emergency. These are incidents in which the parent/caretaker is physically present, but is not attending to the child due to behaviors such as substance abuse.

8.1.4 “Lock In/Out, ages 12 – 17” occurs when a parent/caretaker deliberately locks a child for a prolonged period of time in a confined area such as a bedroom, closet, and car or locks the child out of the home.

8.1.5 “Moderate Physical Neglect” means failure by a parent/caretaker of a child to provide for the basic needs (e.g., food, clothing, shelter) of the child, for no apparent financial reason, and this failure decreases the child’s safety or general well-being. This category includes inaction by a parent/caretaker or a failure to protect the child that results in moderate harm to the child.

8.1.6 “Other Physical Abuse” means actions prohibited by Delaware Code such as striking with a closed fist and kicking or other actions such as biting and pulling hair by a parent/caretaker of a child that have not resulted in observable injury to the child.

8.1.7 “Severe Emotional Abuse” includes, but is not limited to, behaviors by a parent/caretaker toward a child such as chronically ridiculing, demeaning, making derogatory remarks, cursing, or threatening to inflict undue physical or emotional harm.

8.1.8 “Severe Emotional Neglect” includes behaviors by a parent/caretaker such as chronically isolating/shunning, rejecting, or ignoring a child. This category includes inaction by a parent/caretaker or a failure to protect the child that results in substantial harm to the child’s sense of well-being and safety. Child witnessing of felony domestic violence is also included at this level.

8.1.9 “Verbal Innuendo” means inappropriate sexualized statements to a child by a parent/caretaker intended to entice or alarm.

8.2 Conviction of any of the following crimes when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate shall be deemed to present a moderate risk of future harm to children and shall be designated Child Protection Level II:

8.2.1 interference with custody or

8.2.2 indecent exposure in the second degree.

8.3 An incident of abuse or neglect containing the elements of any crime or offense listed or described in 8.2.1 or 8.2.2 without regard to the institution or result of criminal or delinquency proceedings based on such incident.

7 DE Reg. 787 (12/1/03)

9.0 Child Protection Level III

9.1 The following incidents of abuse or neglect shall be deemed to present a high risk of future harm to children and shall be designated Child Protection Level III:

9.1.1 “Abandonment, Ages 13 – 17” means the parent/caretaker fails to assume or refuses to assume responsibility or to provide basic care for a child on a daily basis. The basic care consists of food, clothing, shelter, medical care, reasonable and consistent financial support, and the maintenance of regular communication/contact between the parent/caretaker and child.

9.1.2 “Bizarre Treatment” means behavior toward a child by a parent/caretaker that is extreme, or significantly disproportionate to the precipitating event initiated by the child, or would not be perceived as a logical consequence by a reasonable person such as use of or threatened use of a deadly weapon.

9.1.3 “Bruises, cuts, lacerations requiring intervention by a medical professional” means injury caused by a parent/caretaker to the body tissue of a child causing discoloration, but without breaking the skin (bruise) or an injury which causes open wound (cut/laceration). The injury required medical treatment beyond medical examination and/or was extensive (size, quantity, and locations) on the child’s body. All children under the age of six months are included at this level, regardless of the need for medical treatment beyond medical examination or the extensiveness of the injury. Current evidence of historical injuries (perhaps appearing on an x-ray) that would have required medical treatment at the time of the injuries, but which do not necessitate current treatment, also require a finding at this level.

9.1.4 “Child, Ages 7 – 11, Left Alone/Disabled Child with Moderate Care Needs” means a parent/caretaker left the child alone or without a substitute caretaker. This category includes a disabled child of any age who requires on-site supervision and protection, as well as routine assistance with activities of daily living (e.g., eating, hygiene, toiletry).

9.1.5 “Dislocation/Sprain” means a medically diagnosed displacement of a bone or injury to a ligament or muscle caused by a parent/caretaker.

9.1.6 “Lack of Supervision, Age 6 and Younger” means the parent/caretaker of a child fails to provide immediate care to ensure the well-being and safety of the child, who is unable to care for him/herself or respond appropriately to an emergency. These are incidents in which the parent/caretaker is physically present, but is not attending to the child due to behaviors such as substance abuse.

9.1.7 “Lock In/Out, Ages 7 – 11” occurs when a parent/caretaker deliberately locks a child for a prolonged period of time in a confined area such as the bedroom, closet, and car or locks the child out of the home.

9.1.8 “Malnutrition” means a medically diagnosed condition of poor nourishment of a child resulting from insufficient food or an improper diet caused by a parent/caretaker.

9.1.9 “Non-Organic Failure to Thrive” means a lack of appropriate physical and emotional development that threatens the well-being of the child. It can be permanently damaging to the child without being life threatening.

9.1.10 “Other Medical Neglect” means failure by a parent/caretaker to obtain proper or necessary medical care, but the medical care is not life-threatening. This finding does not include cases governed by 16 Del. C. §913.

9.1.11 “Severe Physical Neglect” means failure by the parent/caretaker of a child to provide for the basic needs (e.g., food, clothing, shelter) of the child, for no apparent financial reason, and this failure could result in bodily harm or death. This category includes inaction by a parent/caretaker or a failure to protect the child that results in severe harm to the child.

9.1.12 “Verbal Innuendo” means inappropriate sexualized statements to a child by a parent/caretaker intended to entice or alarm.

9.2 Conviction of any of the following crimes when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate shall be deemed to present a high risk of future harm to children and shall be designated Child Protection Level III:

9.2.1 abandonment of a child,

9.2.2 assault in the third degree,

9.2.3 indecent exposure in the first degree,

9.2.4 menacing,

9.2.5 misdemeanor endangering the welfare of a child or an incompetent person.

9.2.6 offensive touching,

9.2.7 reckless endangering,

9.2.8 sexual harassment,

9.2.9 terroristic threatening,

9.2.10 unlawful administration of drugs or controlled substances, or

9.2.11 unlawful imprisonment,

9.3 An incident of abuse or neglect containing the elements of any crime or offense listed or described in 9.2.1 - 9.2.11 without regard to the institution or result of criminal or delinquency proceedings based on such incident.

7 DE Reg. 787 (12/1/03)

10.0 Child Protection Level IV

10.1 The following incidents of abuse or neglect shall be deemed to present the highest risk of future harm to children and shall be designated Child Protection Level IV:

10.1.1 “Abandonment 0 – 12” means the parent/caretaker fails to assume or refuses to assume responsibility or to provide basic care for a child on a daily basis. The basic care consists of food, clothing, shelter, medical care, reasonable and consistent financial support, and the maintenance of regular communication/contact between the parent/caretaker and child. This finding does not include the voluntary surrender of a baby pursuant to the Safe Arms for Baby Act.

10.1.2 “Blunt Force Trauma” means serious or life-threatening bruises, cuts, lacerations caused by a parent/caretaker that require medical treatment beyond medical examination.

10.1.3 “Bone Fracture” means a medically diagnosed break or crack in a bone or cartilage caused by a parent/caretaker.

10.1.4 “Burn/Scald” means a medically diagnosed injury intentionally or recklessly inflicted by the parent/caretaker to a child by contacting the child’s skin/hair to a flame, hot object, hot liquid, electrical source, or a chemical source.

10.1.5 “Child, Aged 6 or Younger, Left Alone/Disabled Child with Significant Care Needs” means a parent/caretaker left the child alone or without a substitute caretaker. This category includes a disabled child of any age who requires on-site supervision and protection and whose activities of daily living (e.g., feeding, hygiene, toiletry) must be performed by the parent/caretaker.

10.1.6 “Death” means a child’s loss of life due to abuse or neglect by parent/caretaker.

10.1.7 “Driving Under the Influence (DUI)” means incidents documented by law enforcement of a parent/caretaker driving a vehicle under the influence of alcohol or drugs with a child present.

10.1.8 “Exploitation” occurs when a parent/caretaker behaves unethically toward a child, using the parent’s/caretaker’s position of power to solicit sexual acts in an attempt to obtain some type of sexual gratification. This category includes situations in which a parent/caretaker prostitutes a child or knowingly permits a child to be “used” by another party, regardless of whether the parent/caretaker receives sexual gratification or other compensation (money, drugs) or no compensation at all. Additionally, this category includes situations in which a parent/caretaker teaches, encourages, or instructs a child to engage in illegal behaviors (e.g., shoplifting, burglary, drug dealing, driving without a license).

10.1.9 "Head Trauma” means a medically diagnosed serious or life-threatening injury inflicted by a parent/caretaker to a child’s face or head.

10.1.10 “Internal Injury” means a medically diagnosed serious injury within the abdominal or chest area inflicted by a parent/caretaker.

10.1.11 “Life-Threatening Medical Neglect” means a parent’s/caretaker’s failure to obtain medical care for a child has resulted in permanent functional impairment attributable to neglect. Medical diagnosis is necessary to support this finding. This category also includes failure by a parent/caretaker to use equipment such as an apnea monitor or respirator, to provide medications for health problems such as diabetes or asthma, or to practice therapies in the home for a child such as suctioning of the airway as directed by a physician for the purpose of preventing death and sustaining life. This finding does not include cases governed by 16 Del. C. §913.

10.1.12 “Lock In/Out, Ages 0-6” occurs when a parent/caretaker deliberately locks a child in a confined area such as the bedroom, closet, and car or locks the child out of the home.

10.1.13 “Operating a Vessel or Boat Under the Influence (BUI)” means incidents documented by law enforcement of a parent/caretaker driving a vessel or boat under the influence of alcohol or drugs with a child present.

10.1.14 “Poisoning” means a parent/caretaker intentionally or recklessly over-medicates or causes a child to ingest alcohol, drugs (legal/illegal) not prescribed for that child, or other toxic substances, resulting in significant and/or enduring functional impairment.

10.1.15 “Pornography” means production or possession of visual material (e.g., pictures, films, video) by a parent/caretaker depicting a child engaged in a sexual act or a simulation of such an act. The visual material involves sexualized content, as opposed to “naked baby” pictures.

10.1.16 “Puncture/Stab” means a parent/caretaker inflicts injury, piercing the child’s body with a pointed object, which requires medical treatment beyond medical examination.

10.1.17 “Sexual Abuse” means any sexual contact, sexual intercourse, or sexual penetration, as those terms are defined in the Delaware Criminal Code, between a parent/caretaker and a child.

10.1.18 ”Shaken Baby” means there has been a inflicted head injury which includes shaken baby and an impact injury. It involves some degree of intracranial injury. The most common manifestation is subdural hematoma, but it may include other types of intracranial injuries. There is a risk of serious and permanent brain damage and there may be a significant risk of death. This injury typically involves infants.

10.1.19 “Suffocation” means a parent/caretaker deliberately interferes with child’s ability to breathe, by strangling/choking, smothering or otherwise depriving the child of oxygen.

10.2 Conviction of any of the following crimes when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate shall be deemed to present the highest risk of future harm to children and shall be designated Child Protection Level 4:

10.2.1 assault in the first degree,

10.2.2 assault in the second degree,

10.2.3 bestiality,

10.2.4 coercion,

10.2.5 continuous sexual abuse of a child,

10.2.6 criminally negligent homicide,

10.2.7 dangerous crime against a child,

10.2.8 dealing in children,

10.2.9 felony endangering the welfare of a child or an incompetent person,

10.2.10 incest,

10.2.11 kidnapping,

10.2.12 manslaughter,

10.2.13 murder,

10.2.14 murder by abuse or neglect,

10.2.15 possession of child pornography,

10.2.16 promoting suicide,

10.2.17 rape,

10.2.18 sexual exploitation of a child,

10.2.19 sexual extortion,

10.2.20 sexual solicitation of a child,

10.2.21 unlawful dealing with a child,

10.2.22 unlawfully dealing in child pornography,

10.2.23 unlawful sexual contact,

10.2.24 vehicular assault, or

10.2.25 vehicular homicide,

10.3 An incident of abuse or neglect containing the elements of any crime or offense listed or described in 10.2.1 - 10.2.25 without regard to the institution or result of criminal or delinquency proceedings based on such incident.

7 DE Reg. 787 (12/1/03)

11.0 Unsubstantiated Investigations

11.1 If the Division determines from its investigation not to substantiate the person for abuse or neglect, the person may not be entered on the Child Protection Registry for that reported incident. The Division shall indicate in its internal information system that the incident is unsubstantiated, and so notify the person in writing.

11.2 If the Division determines from its investigation that there is no credible evidence to substantiate the person for abuse or neglect for that incident, the internal information system will indicate that the finding is “Unsubstantiated – No Evidence.”

11.3 If the Division determines from its investigation that substantiation proceedings for that incident of abuse or neglect are not warranted or justified, but that there are reasons for concern, the internal information system will indicate that the finding is “Unsubstantiated with Concern.”

7 DE Reg. 340 (9/1/03)

7 DE Reg. 787 (12/1/03)

500 Division of Management and Support Services

501 Procedures for Drug Testing Certain Employees

9 Del. Admin. Code § 501-1.0 Authority

29 Del.C. §9020

History

28 DE Reg. 675 (03/01/25)
28 DE Reg. 675 (03/01/25)
28 DE Reg. 675 (03/01/25)
15 DE Reg. 1047 (01/01/12)
28 DE Reg. 675 (03/01/25)

9 Del. Admin. Code § 501-2.0 Purpose

The purpose of this regulation is to affirm the commitment of the Department of Services for Children, Youth and Their Families (DSCYF) to the protection of children/youth in its care by requiring all employees in a safety, security-sensitive, or childcare position to undergo testing for commonly abused prohibited substances.

History

28 DE Reg. 675 (03/01/25)
28 DE Reg. 675 (03/01/25)
28 DE Reg. 675 (03/01/25)
15 DE Reg. 1047 (01/01/12)
28 DE Reg. 675 (03/01/25)

9 Del. Admin. Code § 501-3.0 Applicability

This regulation applies to all employees in a safety, security-sensitive, or childcare position including merit, merit exempt and casual/seasonals as defined by DSCYF policy. If there are any conflicts between this regulation and the merit rules, as set forth in Merit Rule 1.2, the merit rules shall prevail unless superseded by a collective bargaining agreement in accordance with Merit Rule 1.3.

History

28 DE Reg. 675 (03/01/25)
28 DE Reg. 675 (03/01/25)
28 DE Reg. 675 (03/01/25)
15 DE Reg. 1047 (01/01/12)
28 DE Reg. 675 (03/01/25)

9 Del. Admin. Code § 501-4.0 Definitions

"Employee" means any person hired by DSCYF and receiving compensation for work performed for DSCYF.

“Incident triggered testing” means any incident involving death or serious injury to a DSCYF employee, DSCYF resident or client, loss or significant damage to DSCYF property, including any accident involving a motor vehicle transporting DSCYF clients or residents, or the escape or runaway of a resident where an employee was involved in the incident.

"Prohibited substance" means drugs and other substances that may affect physical or mental capabilities while working including marijuana, cocaine, alcohol, opiates, phencyclidine, and amphetamines.

“Random testing" means drug testing based upon a random sampling technique of regulated employees. Random testing occurs periodically with an equal chance of selection for all regulated employees.

“Reasonable Suspicion testing” means testing as a result of observing the employee either using, distributing, or possessing a prohibited substance, displaying symptoms of being under the influence of a prohibited substance, or finding prohibited substance or related paraphernalia in the workplace.

"Regulated employees" means any employee or prospective employee accepting job duties involving a safety, security-sensitive, or childcare position. Regulated employees include staff who perform 1 or more of the following duties in their role with DSCYF: carry firearms, administer medication, assess the immediate safety of children including risk of suicide, homicide, or child abuse and neglect, regularly transport children or their families or both as part of their job duties, have responsibility for the direct oversight and supervision of children in facilities and who assess the risk of youth to the safety of the community.

History

28 DE Reg. 675 (03/01/25)
28 DE Reg. 675 (03/01/25)
28 DE Reg. 675 (03/01/25)
15 DE Reg. 1047 (01/01/12)
28 DE Reg. 675 (03/01/25)

9 Del. Admin. Code § 501-5.0 Policy

5.1 The department is committed to maintaining a drug free environment through the use of a reasonable suspicion, return to duty, and random drug testing program. DSCYF personnel hold positions of public trust and must not place themselves in a position where client safety may be compromised as a result of an employee's drug use. Such misconduct conflicts with their duties, poses a risk to the safety and security of residents, clients, other employees, and the public and jeopardizes the public's confidence. DSCYF shall conduct its drug testing program in accordance with DSCYF policy.

5.2 All employees are subject to reasonable suspicion and incident-triggered drug testing as outlined in DSCYF policy. Regulated employees included in DSCYF's safety-sensitive classification are subject to random drug testing.

5.3 Employees on initial probation and casual/seasonal employees who have not satisfied the merit comparable initial probation requirement will be terminated if they receive a positive test result without recourse to the grievance procedure.

5.4 Casual/seasonal employees who have satisfied the merit comparable initial probation requirement may enter into an accredited drug abuse assistance or rehabilitation program at their own expense.

5.5 Employees who seek assistance, prior to being randomly selected for testing, may enter into an accredited drug abuse assistance or rehabilitation program. The employee may not return to work until they have complied with the requirements for returning to duty as outlined in DSCYF policy.

History

28 DE Reg. 675 (03/01/25)
28 DE Reg. 675 (03/01/25)
28 DE Reg. 675 (03/01/25)
15 DE Reg. 1047 (01/01/12)
28 DE Reg. 675 (03/01/25)

700 Division of Prevention and Behavioral Health Services

701 Qualifications for Juvenile Mental Health Screeners

9 Del. Admin. Code § 701-1.0 Juvenile Mental Health Screener Credentialing

Title 16, Chapter 50 of the Delaware Code states that only Juvenile Mental Health Screeners, authorized by the Department of Services for Children, Youth and Their Families (DSCYF), may authorize a detainment of an individual under the age of 18 for emergency detention, pending a psychiatric evaluation. No person shall hold himself out to the public as a juvenile mental health screener unless the person is credentialed in accordance with this chapter, and acting in the capacity of their employment or contract relationship through which they have been granted juvenile mental health screener status. The Division of Prevention and Behavioral Health Services (DPBHS) is the DSCYF Division responsible for implementing and enforcing this law.

History

26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
19 DE Reg. 778 (02/01/16)
26 DE Reg. 611 (01/01/23)

9 Del. Admin. Code § 701-2.0 Definitions

As used in this regulation:

“Crisis services” means services provided by the staff or contractors of the DPBHS Mobile Response and Stabilization Services (MRSS) program or a psychiatric hospital contracted by the DSCYF, in the course of their employment.

“Department” and “DSCYF” means the Department of Services for Children Youth and Their Families.

“Division” and “DPBHS” means the Division of Prevention and Behavioral Health Services.

“DSAMH” means the Division of Substance Abuse and Mental Health of the Department of Health and Social Services.

“Eligible entity” means a facility operated by the DSCYF, DSCYF crisis services provider, a Delaware licensed mental health hospital under contract with the DSCYF, or a Delaware licensed medical hospital.

"Emergency detention" and “detainment” mean the process whereby a minor who appears to have a mental condition, and whose mental condition causes the person to be dangerous to self or dangerous to others, and whose parent or legal guardian is unwilling, or unavailable, to have the minor admitted to a facility voluntarily for assessment or care, is involuntarily detained for such evaluation and treatment for 24 hours unless the parent or legal guardian is unavailable to the Department during that 24 hour period; in such instances the time period may be extended to 72 hours.

“Juvenile Mental Health Screener” means an individual who has applied for and been approved to be credentialed as a Juvenile Mental Health Screener under Chapter 50, by the DPBHS.

“Psychiatric Facility” means a Delaware licensed mental health hospital under contract with the DSCYF.

“Secretary” means the Secretary of the Department of Services for Children Youth and Their Families.

History

26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
19 DE Reg. 778 (02/01/16)
26 DE Reg. 611 (01/01/23)

9 Del. Admin. Code § 701-3.0 Qualifications of Applicants for Credentialed Mental Health Screener

3.1 Psychiatrists, Board Certified Emergency Physicians, and Physicians.

3.1.1 Psychiatrists, board certified emergency physicians and physicians who meet the criteria of subsections 3.1 through 3.3 of 16 DE Admin. Code 6002 Credentialing Mental Health Screeners and Payment for Voluntary Admissions may authorize detainment for a psychiatric evaluation of any person, over or under age 18 as detailed in 16 DE Admin. Code 6002.

3.2 Licensed Non-Physician Mental Health Professionals

3.2.1 A credentialed Licensed Non-Physician Mental Health Professional, who meets the qualifications enumerated in this regulation, may authorize detainment for a psychiatric evaluation of a person under the age of 18.

3.2.2 Licensed Non-Physician Mental Health Professionals must meet the following qualifications:

3.2.2.1 Registered Nurse. Each applicant shall document current licensure by the State of Delaware as a Registered Nurse with a BSN degree and in good standing, as set forth in 24 Del.C. Ch. 19;

3.2.2.2 Advanced Practice Nurse. Each applicant shall document current licensure by the State of Delaware as an Advanced Practice Nurse in good standing, as set forth in 24 Del.C. Ch. 19;

3.2.2.3 Licensed Clinical Social Worker. Each applicant shall document current licensure in the State of Delaware as a Licensed Clinical Social Worker in good standing, as set forth in 24 Del.C. Ch. 39 and have at least 2 years/4000 hours of post masters clinical experience;

3.2.2.4 Licensed Professional Counselor of Mental Health. Each applicant shall document current licensure by the State of Delaware as a Licensed Professional Counselor of Mental Health in good standing, as set forth in 24 Del.C. Ch. 30 and have at least 2 years/4000 hours of post masters clinical experience;

3.2.2.5 Licensed Psychologist. Each applicant shall document current licensure by in the State of Delaware as a Licensed Clinical Psychologist in good standing, as set forth in 24 Del.C. Ch. 35;

3.2.2.6 Licensed Physician Assistant. Each applicant shall document current licensure by the State of Delaware as a Licensed Physician Assistant in good standing, as set forth in 24 Del.C. Ch. 17, and employment under the delegated authority of a licensed physician.

3.2.2.7 Other Licensed Behavioral Health Professional. The Secretary of the Department of Services for Children Youth and Their Families may designate other behavioral or mental health professionals, who are licensed under Delaware Law, and the Secretary may set requirements for their qualifications to serve as juvenile mental health screeners.

3.2.3 Additional requirements; Licensed Non-Physician Mental Health Professionals

3.2.3.1 Licensed Non-Physician Mental Health Professionals must complete DPBHS’s juvenile mental health screener training, or the Division of Substance Abuse and Mental Health mental health screener training, in order to be authorized to act as a juvenile mental health screener.

3.2.3.2 Current employment or contract relationship required with one of the following: DSCYF operated facility, DSCYF crisis services, a Delaware licensed medical hospital, or a Delaware licensed mental health hospital under contract with DSCYF. A credentialed Licensed Non-Physician Mental Health Professional will no longer be considered a Juvenile Mental Health Screener, and his authority to authorize detainments will end, when the professional is no longer employed by the DSCYF operated facility, or employed by or under contract with the DSCYF to perform crisis services, or is no longer employed by or under contract with a Delaware licensed medical hospital or a Delaware licensed mental health hospital under contract with the DSCYF.

3.2.3.3 Each applicant under this section must be approved or credentialed by the DPBHS.

3.3 Unlicensed Non-Physician Mental Health Professionals under Direct Supervision of a Psychiatrist

3.3.1 A credentialed Unlicensed Non-Physician Mental Health Professional, who meets the qualifications enumerated in this regulation, may authorize detainment for the psychiatric evaluation of a person under the age of 18, if they meet the following qualifications:

3.3.1.1 Current employment or contract relationship with the DPBHS Mobile Response and Stabilization Service Program;

3.3.1.2 At least a master's degree in a mental health related field;

3.3.1.3 At least two years of clinical or crisis experience.

3.3.2. An unlicensed non-physician mental health professional who is a credentialed juvenile mental health screener under this section, working under their organization's practice standards and guidelines, is required to discuss the minor's condition on the phone or through telepsychiatry with a supervising psychiatrist when the detainment decision is being made. The detainment can only occur if the supervising psychiatrist agrees with and countersigns the decision to authorize the detainment. Within 24 hours of the detainment, the original emergency detention form with the supervising psychiatrist's signature, or an electronic copy of the form, must be placed in the minor's medical record at the facility or site where the detainment occurred.

History

26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
19 DE Reg. 778 (02/01/16)
26 DE Reg. 611 (01/01/23)

9 Del. Admin. Code § 701-4.0 Applications Process

4.1 Application for credentialing.

4.1.1 Physicians, psychiatrists, Board Certified Emergency Physicians, and Board Certified Pediatric Emergency Physicians.

4.1.1.1 Physicians, including psychiatrists, Board Certified Emergency Physicians, and Board Certified Pediatric Emergency Physicians not currently credentialed by DSAMH shall submit to the Division a resume, verification of current employment, and all contact information, Delaware license numbers and titles, and such other credentials or proof of certification as may be necessary to meet requirements set forth in Section 3.0.

4.1.1.2 Physicians, psychiatrists, Board Certified Emergency Physicians, and Board Certified Emergency Pediatric Physicians who hold current Mental Health Screener status, through the Division of Substance Abuse and Mental Health, are exempt from this requirement. However, documentation of DSAMH screener credentialing must be submitted to DPBHS to become credentialed as a juvenile screener.

4.1.1.3 If required to complete training by 16 DE Admin Code 6002, that training must be completed prior to acting as a Juvenile Mental Health Screener.

4.1.2 Licensed Non-Physician Mental Health Professionals.

4.1.2.1 A licensed non-physician mental health professional who wishes to be credentialed as a Juvenile Mental Health Screener under Chapter 51 must obtain a recommendation from the Chief Executive Officer, Director, or Program Manager of the eligible entity the licensed non-physician mental health professional is employed by or contracted with.

4.1.2.2 The applicant or the eligible entity the applicant is employed by or contracted with, must submit the juvenile mental health screener application to DPBHS.

4.1.2.3 The application shall include the Chief Executive Officer or Director’s recommendation, a resume, verification of current employment, and all contact information, Delaware license numbers and titles, such other credentials or proof of certification as may be necessary to meet requirements set forth in Section 3.0.

4.1.2.4 After the application and supporting materials are received by the DPBHS, the Division will accept or decline the recommendation that the applicant enter the juvenile mental health screener class.

4.1.2.5 The applicant must complete the training required in Section 5.0 prior to acting as a Juvenile Mental Health Screener.

4.1.3 Unlicensed Non-Physician Mental Health Professionals under Direct Supervision of a Psychiatrist

4.1.3.1 An Unlicensed Non-Physician Mental Health Professional employed or contracted by the DPBHS Mobile Response and Stabilization Services Program shall include with their application:

4.1.3.1.1 The MRSS Program Manager's recommendation for credentialing;

4.1.3.1.2 A resume;

4.1.3.1.3 Verification of current employment and all contact information;

4.1.3.1.4 Job titles, if applicable; and

4.1.3.1.5 Other such credentials or proof of certification as may be necessary to meet the requirements in Section 3.0.

4.1.3.2 After the application and supporting materials are received by the DPBHS, the Division will accept or decline the application and notify the applicant. If the application is accepted, the applicant must complete the training required in Section 5.0 prior to acting as a Juvenile Mental Health Screener.

4.2 Application for Re-credentialing

4.2.1 All Delaware credentialed juvenile mental health screeners except as noted in subsection 4.2.1.2 will be required to re-apply every two (2) years, 60 days prior to the second anniversary date of the issued credential, for renewal of the credential to DPBHS.

4.2.1.1 The application for renewal shall require proof of continuing licensure, credentials or certification as may be necessary to meet the requirements set forth in Section 3.0 to be re-credentialed.

4.2.1.2 Psychiatrists, Board Certified Emergency Physicians, and Board Certified Pediatric Emergency Physicians are the only professionals not required to undergo this re-credentialing process. All other physicians, as well as licensed and unlicensed non-physician mental health professionals, must comply with either this re-credentialing process, or the re-credentialing process of the Division of Substance Abuse and Mental Health.

4.2.2 DPBHS will provide eligible entities any updated information or changes to the policies, procedures, regulations, or laws that would impact juvenile mental health screeners. Eligible entities shall be responsible for distributing this information to their affiliated juvenile mental health screeners.

4.2.3 Eligible entities are responsible for monitoring their affiliated juvenile mental health screeners, to ensure that screeners are complying with the re-credentialing process and maintaining current licensure or other requirements to practice in their profession as required in Section 3.0.

History

26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
19 DE Reg. 778 (02/01/16)
26 DE Reg. 611 (01/01/23)

9 Del. Admin. Code § 701-5.0 Training, Credentialing and Re-credentialing Requirements

5.1 Training. The following standards will apply to the credentialing and re-credentialing of Juvenile Mental Health Screeners and sets forth the minimum qualifications and training requirements. Psychiatrists, Board Certified Emergency Room Physicians, and Board Certified Pediatric Emergency Physicians are exempt from the training requirement.

5.1.1 For licensed physicians, training guidelines for applicants will include content that may change over time and is up to DPBHS to direct.

5.1.1.1 Compliance with qualifications specified in Section 3.0;

5.1.1.2 Compliance with training guidelines, including completion of 4 hours of training by either the DPBHS or DSAMH; and

5.1.1.3 Satisfactory score on either the DPBHS or DSAMH credentialing examination.

5.1.2 Licensed and Unlicensed Non-Physician Mental Health Professionals

5.1.2.1 Compliance with qualifications specified in Section 3.0;

5.1.2.2 Compliance with training guidelines as specified in subsection 5.1, including completion of either DSAMH mental health screener 40 hour training or 4 hours of juvenile mental health screener training by DPBHS; and

5.1.2.3 Satisfactory score on either the DPBHS or DSAMH credentialing examination.

5.2 Re-Credentialing

5.2.1 Licensed Physicians other than psychiatrists, Board Certified Emergency Physicians, and Board Certified Pediatric Emergency Physicians must comply with this section:

5.2.1.1 Compliance with qualifications specified in Section 3.0; and

5.2.1.2 Compliance with training guidelines as specified in subsection 5.1, including completion of 4 hours of training by DSAMH or DPBHS every two years.

5.2.2 Licensed and Unlicensed Non-Physician Mental Health Professionals

5.2.2.1 Compliance with qualifications specified in subsection 3.1.1; and

5.2.2.2 Compliance with training guidelines as specified in subsection 5.1, including completion of 4 hours of training by DPBHS or DSAMH every two years.

26 DE Reg. 611 (01/01/23)

History

26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
19 DE Reg. 778 (02/01/16)
26 DE Reg. 611 (01/01/23)

9 Del. Admin. Code § 701-6.0 Credentialed Juvenile Mental Health Screener Performance

6.1 Conflict of interest statement

6.1.1 The intent of the law is to ensure that no person is detained for any reason other than experiencing symptoms associated with a mental condition that may result in danger to self or others.

6.1.2 Any potential or apparent conflicts of interest as set forth in 16 Del.C. §5004 are to be disclosed on the DPBHS Emergency Detainment Request Form within 24 hours of signature of the detention order.

6.1.3 Potential or apparent conflicts of interest may include, but are not limited to:

6.1.4 An Emergency Detainment Request Form must be completed for every youth under 18 detained under this regulation. This form must be maintained in the client’s records as described in subsection 6.2.

6.2 Record Keeping, Forms and Documentation. The following standards will apply to the Forms and Documentation required monitoring and reporting on the performance of juvenile mental health screeners, including performance as it pertains to compliance with conflict of interest disclosure in actions to detain, or undo a detainment, of an individual under this statute.

6.2.1 Credentialed juvenile mental health screeners will be required to complete a DPBHS Emergency Detainment Request Form for the purpose of ensuring a standardized approach to assessing the needs of clients in crisis and documenting the decision premised upon that assessment. These forms will become part of the client’s records.

6.2.2 For youths whose detainments are paid in whole or in part by DPBHS, or who are otherwise currently in DPBHS services: the DPBHS Emergency Detainment Request Form must be sent to DPBHS as soon as possible and within 24 hours by the admitting psychiatric facility. DPBHS will collect and monitor all DPBHS Emergency Detention Forms performed by juvenile mental health screeners, whether a conflict of interest is disclosed or not, for purposes of ensuring that the intent of this law is met and that detainments are appropriate.

6.2.3 For all youths, including youths not presently involved with DPBHS, DPBHS will collect aggregate data from psychiatric facilities in the form of a monthly report. This report will include: number of detainments per Juvenile Mental Health Screener, number of incidents where a screener determined a detainment was not necessary, admitting facility, the client patient number, the date of detainment, demographic information (age, race, sex, and zip code) of the child’s primary residence, and other factors deemed necessary by DPBHS), screener name and number, presenting problem, and the reason the detainment was necessary. Psychiatric facilities will be responsible for including such data for patients detained by the eligible entity’s Juvenile Mental Health Screeners, as well as Juvenile Mental Health Screeners not employed by or contracted with the eligible entity.

6.2.4 If DPBHS deems it necessary to review specific or aggregate detainments in cases of youths who are not DPBHS involved, DPBHS shall, within 24 hours of request, be provided a redacted copy of the Emergency Detainment Request Form by the Juvenile Mental Health Screener or the eligible entity.

6.3 Data Review and Reporting. The Juvenile Mental Health Screeners and eligible entities are responsible for record keeping and making available to DPBHS as required by this regulation, DPBHS Emergency Detainment Request Forms and associated records. DPBHS will periodically monitor these records for compliance. The Juvenile Mental Health Screeners and their associated eligible entity will also be responsible for maintaining a database in a format that is approved by DPBHS and that will be reported to DPBHS as set forth in subsection 6.2.3 of this regulation, so that DPBHS may review aggregate data. This database will include administrative information, such as the admitting facility, the client patient number, the date of detainment, demographic information (age, race, sex, zip code) of the child’s primary residence, and other factors deemed necessary by DPBHS), screener name and number, presenting problem, and the reason the detainment was necessary.

6.3.1 DPBHS will collect aggregate data of juvenile mental health screener detentions, which will be available to the public.

6.3.2 Detainment data will be reviewed to monitor for anomalies in detainment rates to assure juvenile mental health screener performance improvement and compliance with this regulation, the authorizing statutes, and principals of least restrictive environment and community integration.

26 DE Reg. 611 (01/01/23)

History

26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
19 DE Reg. 778 (02/01/16)
26 DE Reg. 611 (01/01/23)

9 Del. Admin. Code § 701-7.0 Suspension or Revocation of Juvenile Mental Health Screener

7.1 The following outlines circumstances under which a credential may be suspended or revoked. DPBHS will monitor individuals and general facilities performing juvenile mental health screenings and detaining individuals for 24 – 72 hours under this regulation as specified in Section 6.0. Nothing in Section 6.0 relieves juvenile mental health screeners of the requirement to keep their own records on their work to detain or not detain individuals that they assess. Copies of the Emergency Detainment Request Form are sufficient documentation if the individual juvenile mental health screener or organization that supports these screeners keeps this information protected and confidential under federal law. Compliance with federal laws on this documentation is the responsibility of the individual who has been credentialed as a Juvenile Mental Health Screener.

7.1.1 Failure of any credentialed Juvenile Mental Health Screeners to be aware of, and operate in compliance with, the federal and state laws pertaining to protection of health records. Failure to comply with this requirement will result in immediate suspension of the Juvenile Mental Health Screener credential.

7.1.2 Suspension or revocation of a professional license will result in the immediate revocation of the Juvenile Mental Health Screener credential.

7.1.3 For licensed and unlicensed non-physician mental health professionals, loss of a current contract or employment relationship with a DSCYF operated facility, DSCYF crisis services, Delaware licensed medical hospital, or a Delaware licensed mental health hospital under contract with the DSCYF.

7.1.4 Failure to comply with the conflict of interest provisions of 14 Del.C. §5004.

7.1.5 Due to concerns with performance, which can include inappropriate overuse of emergency detainments or failure to identify minors in need of detainment, as identified by the DSCYF reviewing psychiatrist or an Emergency Detention of Juveniles Review Board designated by the Secretary, which are uncorrected after written warning from the DSCYF.

7.1.6 Due to concerns with performance identified by a complaint or appeal submitted to DPBHS’s Quality Assurance Department. The DPBHS Quality Assurance Department will refer any such complaints or appeals to DPBHS’s reviewing psychiatrist for evaluation.

7.2 Compliance with notification of this revocation is the responsibility of the individual who has been credentialed as a Juvenile Mental Health Screener and, in the case of non-physicians, the eligible entity with whom the individual is affiliated.

7.3 Reinstatement of Juvenile Mental Health Screener status of an individual for whom a credential has been suspended or revoked will be at the discretion of DPBHS, in light of circumstances surrounding the original suspension or revocation.

History

26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
19 DE Reg. 778 (02/01/16)
26 DE Reg. 611 (01/01/23)

9 Del. Admin. Code § 701-8.0 Appeal Process

Any individual or eligible entity affiliated with an individual who has been denied status as a juvenile mental health screener or who has had a screening credential suspended or revoked can appeal this decision by writing to the DPBHS Director. Such an appeal, based on knowledge and facts of this event, must be made within twenty (20) days of the denial, suspension, or revocation. A response by the DPBHS Director will be forthcoming within thirty (30) days of DPBHS receiving the appeal.

History

26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
19 DE Reg. 778 (02/01/16)
26 DE Reg. 611 (01/01/23)

9 Del. Admin. Code § 701-9.0 Consent for Voluntary Admissions

In the case of voluntary admission to a designated psychiatric treatment facility or hospital, consent to treatment of a minor shall be given only by a parent or legal guardian, or in the case of a child in Division of Family Services (DFS) custody, the DFS Director or DFS Deputy Director. The request for admission to the designated psychiatric treatment facility or hospital shall be signed by either the applicant's parent or legal guardian, or the DFS Director or DFS Deputy Director if applicable.

History

26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
19 DE Reg. 778 (02/01/16)
26 DE Reg. 611 (01/01/23)

9 Del. Admin. Code § 701-10.0 Payment for Voluntary and Involuntary Admissions

Payment to hospitals for voluntary and involuntary admissions of clients in crisis will be in accordance with the provisions of 16 Del.C. §§5019, 5020, and 29 Del.C. §9019.

History

26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
26 DE Reg. 611 (01/01/23)
19 DE Reg. 778 (02/01/16)
26 DE Reg. 611 (01/01/23)

9 Del. Admin. Code — Services for Children Youth and Their Families

100 - 300 Division of Family Services Office of Child Care Licensing

300 Abuse and Background Checks

301 Background Checks for Child-Serving Entities

9 Del. Admin. Code § 301-1.0 Legal Base

9 Del. Admin. Code § 301-2.0 Purpose

9 Del. Admin. Code § 301-3.0 Definitions

9 Del. Admin. Code § 301-4.0 Persons Subject to the Law

9 Del. Admin. Code § 301-5.0 Background Check Process

9 Del. Admin. Code § 301-6.0 Criteria for Prohibited Convictions and Child Protection Registry Substantiations

9 Del. Admin. Code § 301-7.0 Criteria for Ineligibility

9 Del. Admin. Code § 301-8.0 Administrative Review

9 Del. Admin. Code § 301-9.0 Subsequent Criminal History Information

9 Del. Admin. Code § 301-10.0 Employer Responsibilities

9 Del. Admin. Code § 301-11.0 Sanctions

9 Del. Admin. Code § 301-12.0 Confidentiality

302 Child Protection Registry Checks for Persons Working in Health Care Facilities, Public Schools, Private Schools, and Youth Camps

9 Del. Admin. Code § 302-1.0 Legal Base

9 Del. Admin. Code § 302-2.0 Purpose

9 Del. Admin. Code § 302-3.0 Definitions

9 Del. Admin. Code § 302-4.0 Persons Subject to the Law

9 Del. Admin. Code § 302-5.0 Employer Responsibilities

9 Del. Admin. Code § 302-6.0 Child Protection Registry Check Process

9 Del. Admin. Code § 302-7.0 Criteria for Ineligibility

9 Del. Admin. Code § 302-8.0 Review of Department Records

9 Del. Admin. Code § 302-9.0 Voluntary Child Protection Registry Checks

9 Del. Admin. Code § 302-10.0 Confidentiality

303 Entry on to and Expungement from the Central Child Abuse Registry

9 Del. Admin. Code § 303 Entry on to and Expungement from the Central Child Abuse Registry

304 Child Protection Registry

9 Del. Admin. Code § 304 Child Protection Registry

500 Division of Management and Support Services

501 Procedures for Drug Testing Certain Employees

9 Del. Admin. Code § 501-1.0 Authority

9 Del. Admin. Code § 501-2.0 Purpose

9 Del. Admin. Code § 501-3.0 Applicability

9 Del. Admin. Code § 501-4.0 Definitions

9 Del. Admin. Code § 501-5.0 Policy

700 Division of Prevention and Behavioral Health Services

701 Qualifications for Juvenile Mental Health Screeners

9 Del. Admin. Code § 701-1.0 Juvenile Mental Health Screener Credentialing

9 Del. Admin. Code § 701-2.0 Definitions

9 Del. Admin. Code § 701-3.0 Qualifications of Applicants for Credentialed Mental Health Screener

9 Del. Admin. Code § 701-4.0 Applications Process

9 Del. Admin. Code § 701-5.0 Training, Credentialing and Re-credentialing Requirements

9 Del. Admin. Code § 701-6.0 Credentialed Juvenile Mental Health Screener Performance

9 Del. Admin. Code § 701-7.0 Suspension or Revocation of Juvenile Mental Health Screener

9 Del. Admin. Code § 701-8.0 Appeal Process

9 Del. Admin. Code § 701-9.0 Consent for Voluntary Admissions

9 Del. Admin. Code § 701-10.0 Payment for Voluntary and Involuntary Admissions

Continua la tua ricerca in ChatGPT o Claude