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Licensing Standards for Family DayCare


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APPENDIX

DELAWARE LICENSING LAW

Title 31, Chapter 3, Paragraphs 341 through 344, Delaware Code

§341. Definition of "boarding home."

For the purpose of interpreting the meaning of the words "boarding home," any person, association, agency, or organization is the keeper of a boarding home for children if, for hire, he or it:

(1) Advertises or holds himself or itself out as conducting such a boarding home;

(2) Has in custody or control one child or more under the age of 18, unattended by parents or guardian, for the purpose of providing such child or children with care, food or clothing for compensation.

Homes in which children have been placed by any child placement agency, properly licensed to place children in this State, shall not be regarded as "boarding homes."

§342. Powers of Division with respect to boarding homes for children.

Any person or association conducting a boarding home for children and all institutions, agencies, associations or organizations, receiving and placing or caring for the dependent, neglected or delinquent minors, including organizations providing care of children whether dependent or otherwise, in lieu of the care and supervision ordinarily provided by parents in their own homes for periods of less than 24 hours a day, must accord the Division or its authorized agents, right of entrance, privilege of inspection and access to its accounts and reports.

A person or association conducting a boarding home for children and all institutions, agencies, associations, or organizations, caring for dependent, neglected and delinquent children shall make reports at such time as is required by the Division, as to conditions of such boarding home, institution, agency, association, or organization, the manner and way in which children are taken care of, former addresses and such other information as will show the social status of the child, how and to whom dismissed, the extent and source of its income, the cost of maintenance, and such other reasonable information as will enable the Division to promote the general welfare of the children and to work out a general program for their care and protection.

The Division may prescribe reasonable standards for the conduct of such boarding home, institutions, agencies, associations or organizations and may license such of these as conform to such standards.

§343. Boarding home licenses; investigation; requirements

(a) Any person conducting a boarding home for children and all such institutions, agencies, associations or organizations must obtain licenses annually from the Division; except, however, those institutions, agencies, associations, or organizations under state ownership and control and maternity wards of general hospitals. In the case of a person conducting a boarding home for children, such licenses shall not be issued to such person until the Division has made a thorough investigation and has determined in accordance with reasonable standards:

(1) the good character and intention of the applicant or applicants;

(2) that the individual home meets the physical, social, moral, mental, educational and religious needs of the average child.

(b) In the case of institutions, agencies, associations or organizations, before such license is issued, the Division shall make a thorough investigation and favorably pass upon:

(1) the good character and intention of the applicant or applicants;

(2) the present and prospective need of the service rendered;

(3) the employment of capable, trained, and experienced workers;

(4) sufficient financial backing to ensure effective work;

(5) the probability of the service being continued for a reasonable period of time;

(6) whether the methods used and the disposition made of the children served will be to their best interests and that of society.

§344. Penalties for violations of subchapter.

Whoever violates a provision of this subchapter shall be fined not more than $100 or imprisoned not more than 3 months, or both.

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