Delaware Delaware

Licensing Standards for Family DayCare



57. The Caregiver shall:

A. Be at least eighteen (18) years of age and able to understand and carry out the Requirements for Family Child Care Homes.

B. Be physically and emotionally capable of performing activities related to providing child care, which include meeting children's physical needs such as feeding and diapering, supervising children's activities, supporting children's physical, intellectual, social and emotional growth, dealing with emergencies in a calm manner and carrying out methods of child guidance and discipline as stipulated in these requirements.

C. Have an understanding of children and their needs together with an ability to relate to children with courtesy, respect, patience and affection, and an understanding and respect for the child's family and culture.

58. Reported and/or substantiated allegations of child abuse and/or neglect committed by a Caregiver or other household member shall be considered in determining the suitability of the Caregiver and home for family child care.

59. No Caregiver or other household members shall have any conviction, current indictment or substantial evidence of involvement in any criminal activity involving violence against a person; child abuse or neglect; possession, sale or distribution of illegal drugs; sexual misconduct; gross irresponsibility or disregard for the safety of others; or serious violations of accepted standards of honesty or ethical behavior.

A. The Department may, at its own discretion, make exceptions to the above requirement when it is documented that the health and safety of children would not be endangered.

60. Any person whose children are removed from his/her custody because of abuse or neglect shall not be issued a license.

A. A person who has relinquished or otherwise lost custody of his/her children shall present documentation to the Department regarding the circumstances of this relinquishment, for consideration in determining the suitability of the Family Child Care Home.

61. No Caregiver, or other household member, shall be diagnosed or under treatment for a serious mental illness which might create a significant risk of harm to children. The determination as to whether a mental illness might create a significant risk to children shall be made on the basis of written documentation by a licensed psychologist or psychiatrist.

62. No Caregiver or other household member present in the home while children are in care shall be under the influence of illegal drugs or alcohol. A Caregiver under the influence of illegal drugs or alcohol while providing child care shall be considered absent in the capacity of Caregiver and therefore is evidence of child neglect.

A. The Caregiver shall not take any substance or medication which would impair his/her ability to care for children.

63. The Caregiver shall have no other employment during the hours that children are in care.

64. The Caregiver shall not be licensed or approved to care for convalescent, aged or patients requiring nursing care.

65. The Caregiver shall not provide foster care for children or adults without the prior written approval of the Department.

A. The decision for dual service shall be made by the Administrator based upon the recommendation of the Specialist and Foster Home Coordinator of the placing agency. The recommendation shall consider the specific needs of potential child care children and foster care placements.

B. The written approval shall include the number and ages of children/adults to be cared for in each program in accordance with requirements.

C. The decision for dual service shall be reviewed periodically.

D. Foster children of preschool age and younger shall be counted in the capacity of the Family Child Care Home.

66. The Caregiver shall not discriminate on the basis of sex, race, religion, cultural heritage, disability, marital status, or economic status.

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