Delaware daycare regulations

A license is needed for even one child

14 Del.C. §§ 3002A(1), 3004A(a) CentersFamily child care View rule 14 Del.C. §§ 3002A(1), 3004A(a)

Anyone who, for pay, cares for 1 or more children under 18 without the parent present, and holds themselves out as providing child care, needs an OCCL license. Licenses expire 1 year after issue unless renewed. Care only for your own children, grandchildren, nieces, nephews or stepchildren doesn't need a license even if you are paid, and neither does a nanny or babysitter in the child's own home (934 § 4.3).

Family child care homes: Level I and Level II

14 DE Admin. Code 934 §§ 4.3, 57.0 Effective August 2022 Family child care View rule 14 DE Admin. Code 934 §§ 4.3, 57.0

A family home is the licensee's own residence. Level I may care for up to 6 children (or 5 under the all-preschool option) and Level II up to 9, depending on ages. Preschool-age household children count. Moving from Level I to Level II needs OCCL's written approval.

Large family child care homes

14 DE Admin. Code 934 §§ 4.4, 6.2, 68.2 Effective August 2022 Family child care View rule 14 DE Admin. Code 934 §§ 4.4, 6.2, 68.2

Up to 12 children, in the licensee's residence or in a commercial property where zoning allows. The number of staff depends on the ages of the children present (see ratios). A large family home must name a qualified large family provider and carry general liability insurance.

Centers, and what is exempt

14 DE Admin. Code 933 §§ 4.1–4.3 Effective June 2022 Centers View rule 14 DE Admin. Code 933 §§ 4.1–4.3

Early care and education and school-age centers care for 13 or more children for less than 24 hours a day. Exempt: State-run programs, summer religion classes of 4 weeks or less, drop-in care while the parent is on the premises, open-door school-age programs with no payment or agreement, limited school-age care on school holidays or in emergencies, lessons-only programs, and K–12 schools. Youth camps need a youth camp license or exemption (14 Del.C. § 3003A(c)).

Initial licensing and renewal

14 DE Admin. Code 933 §§ 7.0–8.0 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 §§ 7.0–8.0

Applicants attend an OCCL information session, then submit the application with plans, fire marshal and zoning approvals, background checks, a lead-paint risk assessment for buildings from before 1978, radon testing, staff qualification certificates, handbooks and insurance. A first license is a 6-month provisional license. Renewal applications are due at least 60 days before the license expires; late applications are cited at the next compliance review. Homes follow similar steps in 934 §§ 7.0–8.0.

SafePass tip: SafePass parent messaging and announcements can tell every family about changes to hours or location on the same day.

What to report to OCCL and when

14 DE Admin. Code 933 § 14.0; 934 § 16.0 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 14.0; 934 § 16.0

Call OCCL and speak to a person (a voicemail doesn't count) within 1 business day about a fire, flood or other damage; an injury or medication error that needed medical treatment (with a written report within 3 business days); suspected abuse or neglect in care (after calling the 24-hour report line, 1-800-292-9582); an arrest or conviction of staff; a missing or abducted child; or an equipment failure such as loss of water, heat or power. A child's death is reported to the report line immediately, then to OCCL. Centers give 90 days' notice of closing, sale or a move; homes give 60 days before moving.

SafePass tip: SafePass incident reports record what happened, the action taken and first aid, notify the parent, and capture the parent's e-signature, which gives you the details for the written report.

Center ratios and group sizes

14 DE Admin. Code 933 § 27.1 Effective June 2022 Centers View rule 14 DE Admin. Code 933 § 27.1

Infants (under 12 months) 1:4, group of 8; young toddlers (12–23 months) 1:6, group of 12; older toddlers (24–35 months) 1:8, group of 16; 3-year-olds (36–47 months) 1:10, group of 20; 4-year-olds not yet in kindergarten 1:12, group of 24; school-age 1:15, group of 30. OCCL may approve 1:20 for school-age children taught by a Delaware-certified teacher, but never a larger group than 30.

SafePass tip: SafePass shows a live count for each room: children checked in against staff clocked in, with an alert to directors when a room goes over ratio. Set each room's ratio to Delaware's number for the youngest child in the room; SafePass's built-in defaults are not Delaware's.

Mixed ages, nap time and minimum staffing

14 DE Admin. Code 933 §§ 27.2–27.6 Effective June 2022 Centers View rule 14 DE Admin. Code 933 §§ 27.2–27.6

The infant ratio applies at all times, and each infant and toddler has an assigned staff member. Mixed groups use the ratio and group size for the youngest child. During nap, when children 1 and older are asleep, at least half the required staff must stay in the room observing them, and one person can't watch several rooms. A staff member qualified as at least an early childhood teacher must be present whenever the center is open, and 2 staff are required once 7 or more children 1 and older are present.

SafePass tip: SafePass's staff time clock shows who is clocked in right now, so a director can see whether a second staff member is on site.

One teacher for every 4 assistants

14 DE Admin. Code 933 § 26.4 Effective June 2022 Centers View rule 14 DE Admin. Code 933 § 26.4

Centers keep at least 1 early childhood teacher for every 1 to 4 assistant teachers, caregivers, interns and aides on duty (2 teachers for 5 to 8, and so on) during all hours of operation.

Family home capacity by age

14 DE Admin. Code 934 §§ 57.1–57.3 Family child care View rule 14 DE Admin. Code 934 §§ 57.1–57.3

Level I: up to 4 preschool-age or younger children plus 2 school-age children (6 total, no more than 2 under 12 months), or up to 5 preschool-age and younger with no extra school-agers (no more than 2 under 12 months and 3 under 24 months). Level II: up to 6 preschool-age or younger plus 3 school-age (9 total, no more than 2 under 12 months and 4 under 24 months). School-age children who don't live in the home may attend only before and after school, on school holidays and during vacations.

SafePass tip: SafePass Kiosk check-ins show which children are in care right now, with their ages, so you can see how many infants and under-2s are present. Add your own preschool-age children as enrolled children if you want them in the count.

Large family home staffing

14 DE Admin. Code 934 §§ 68.3–68.5 Effective May 2022 Family child care View rule 14 DE Admin. Code 934 §§ 68.3–68.5

One large family provider or assistant alone may care for 6 preschool-age or younger children plus 3 school-agers (9 total, no more than 2 under 12 months and 4 under 24 months). With 7 or more preschool-age children, a second staff member must be present (12 total, no more than 4 under 12 months and 6 under 24 months). With 5 or 6 infants, or 7 or more children under 24 months, the provider plus 2 more staff are needed.

SafePass tip: SafePass shows a live count for each room: children checked in against staff clocked in, with an alert to directors when a room goes over ratio. Set each room's ratio to Delaware's number for the youngest child in the room; SafePass's built-in defaults are not Delaware's.

Field trip ratios

14 DE Admin. Code 933 § 68.4 Effective June 2022 Centers View rule 14 DE Admin. Code 933 § 68.4

On field trips and routine outings centers keep 1:2 for infants, 1:4 for 1-year-olds, 1:6 for 2-year-olds, 1:8 for 3-year-olds, 1:10 for 4- and 5-year-olds and 1:15 for school-age, with at least 2 staff unless the children are school-age or all in a buggy or stroller (then classroom ratios apply).

When groups may combine

14 DE Admin. Code 933 §§ 27.4, 27.7–27.8 Effective June 2022 Centers View rule 14 DE Admin. Code 933 §§ 27.4, 27.7–27.8

With 12 or fewer children in the whole center, group size may be exceeded as long as ratio is kept. Infants and toddlers stay in rooms and play areas separate from older children except when 12 or fewer children are present (no more than 9 of them school-age), during the first and last 90 minutes of the day, when toddlers turn 3 and stay with their class, or at special events. Once 10 or more school-age children are present they are cared for in a space physically separated from younger children.

Licensed capacity

14 DE Admin. Code 933 § 39.1; 934 § 14.0 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 39.1; 934 § 14.0

A center may never have more children present than its licensed capacity. In homes, every preschool-age or younger child present counts, including the provider's own, and school-age household members count only if they don't attend school outside the home. Each school-age household member may have up to 2 unpaid school-age friends visit.

SafePass tip: SafePass Kiosk check-ins give a running count of who is in care right now, by child and age.

Early childhood administrator (center director)

14 DE Admin. Code 933 § 24.5 Effective June 2022 Centers View rule 14 DE Admin. Code 933 § 24.5

At least 21, with a bachelor's or associate degree in early childhood education plus 12 months of experience with children birth to second grade, or a bachelor's or associate degree in any field with 15 credits in child development and early childhood topics (or a Montessori credential) plus 12 months of experience. Centers serving infants and toddlers or school-agers also need 15 clock hours of training in that age group. The administrator must be on site at least half of the hours the center is open (§ 26.3).

Teachers and assistant teachers

14 DE Admin. Code 933 §§ 24.8–24.9 Effective June 2022 Centers View rule 14 DE Admin. Code 933 §§ 24.8–24.9

Early childhood teachers are at least 18 with an associate or bachelor's degree and early childhood credits plus 3 to 6 months' experience, or a high school diploma plus 9 college credits, a CDA, TECE 1 and 2, a Montessori credential, the Department of Labor apprenticeship or a vocational early childhood program, plus 12 months' experience. Assistant teachers are at least 18 with a high school diploma, 6 credits or TECE 1 (or a high school early childhood pathway), and 6 months' experience.

SafePass tip: SafePass staff profiles store certifications and documents with expiration dates, so DEEDS certificates and transcripts are in one place for the licensing specialist.

Interns, aides, substitutes and volunteers

14 DE Admin. Code 933 §§ 24.11–24.12, 25.0 Effective June 2022 Centers View rule 14 DE Admin. Code 933 §§ 24.11–24.12, 25.0

Interns may be 16 (15 in a high school early childhood program) with 15 hours of approved training and count in ratio under observation. Aides may be 16, are never alone with children and count in ratio only during their first 12 months. Substitutes and volunteers counted in ratio must be at least 16. Volunteers who help at least 5 days or 40 hours a year need a comprehensive background check and a file.

Family home providers

14 DE Admin. Code 934 §§ 55.2–55.5 Effective May 2022 Family child care View rule 14 DE Admin. Code 934 §§ 55.2–55.5

A Level I provider licensed after January 1, 2009 is at least 18 with a high school diploma or equivalent. Level II also needs 24 months of experience with children (or 3 months of student teaching, or 24 months as a Level I home with no serious substantiated complaints) and 60 clock hours of training across set topics, 3 college credits, or the assistant teacher qualification.

Large family home staff

14 DE Admin. Code 934 §§ 66.4–66.6, 67.3 Effective May 2022 Family child care View rule 14 DE Admin. Code 934 §§ 66.4–66.6, 67.3

The large family provider is at least 21 with 24 months of group experience, a high school diploma and a credential such as TECE 1 and 2, a CDA, 9 early childhood credits or the center teacher qualification, and must be present at least 75% of operating hours. Assistants are at least 18 with 6 months' experience and 60 hours of training or 3 credits. Aides are at least 18 with a high school diploma.

Fingerprinted before starting

14 DE Admin. Code 933 § 28.3; 934 § 13.5 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 28.3; 934 § 13.5

Each staff member (and, in a home, each household member 18 or older and adult volunteer) is fingerprinted by the Delaware State Police for SBI and FBI checks, and the licensee must have an eligibility or provisional eligibility notice before the person starts. People who lived outside Delaware in the last 5 years also request criminal and child abuse registry searches from each of those states. Until CHU finds the person eligible, they must be supervised at all times and may not be alone with children. Checks are repeated every 5 years.

SafePass tip: SafePass stores each staff member's background check date and flags checks more than five years old on the Compliance page.

Who may not work in child care

31 Del.C. § 309(d) CentersFamily child care View rule 31 Del.C. § 309(d)

Prohibited: a felony physical or sexual assault against a child, an impaired adult or an elderly person (lifetime); a felony physical or sexual assault against another adult (10 years from conviction); other violent felonies (7 years); and misdemeanors against children (7 years), or longer where the Child Protection Registry rules say so. Licensees may also set job-related limits for other convictions. The rules add anyone on the Child Protection Registry at Level III or IV, anyone convicted of child sexual abuse, and anyone barred under the federal Child Care and Development Block Grant Act (933 § 28.5).

Adult Abuse Registry check

11 Del.C. § 8564; 933 § 28.4 CentersFamily child care View rule 11 Del.C. § 8564; 933 § 28.4

Before a staff member starts, the licensee checks Delaware's Adult Abuse Registry (run by the Department of Health and Social Services) and keeps the printed result in the staff file.

Eligibility decisions and review

9 DE Admin. Code 301 CentersFamily child care View rule 9 DE Admin. Code 301

DSCYF's Criminal History Unit applies the background check regulation for child-serving entities. A person found ineligible or prohibited can ask for an administrative review, and the licensee is bound by the final decision; for someone found ineligible (as opposed to prohibited), the licensee makes the final hiring decision (933 § 28.5.5).

Before working with children

14 DE Admin. Code 933 §§ 32.0, 35.0 Effective June 2022 Centers View rule 14 DE Admin. Code 933 §§ 32.0, 35.0

All center staff, substitutes and volunteers who help at least 5 days or 40 hours a year complete orientation (the rules, policies, release of children, behavior supports, injuries, recordkeeping, screen time and more) and OCCL's Health and Safety Training for Child Care Professionals (emergency preparedness, safe sleep, shaken baby prevention, illness and immunizations, allergies, premises safety, hazardous materials, transport and medication) before working with children. First aid and CPR with a hands-on skills test are due within 2 months of hire, and someone certified must be present whenever children are.

SafePass tip: SafePass tracks each staff certification's expiration date. Staff get a reminder 30 days out, and directors are alerted when one expires.

Center annual training: 18 or 9 hours

14 DE Admin. Code 933 §§ 33.2–33.3, 33.8 Effective June 2022 Centers View rule 14 DE Admin. Code 933 §§ 33.2–33.3, 33.8

Staff and administrators working 25 or more hours a week complete 18 clock hours a year, including at least 2 hours of health or safety. Those working fewer hours complete 9, including 1 hour of health or safety. Training must cover at least 3 topic areas (unless it's a college course or 6 or more hours long) and be finished at least 30 days before the license expires. Each person also has a written professional development plan within 3 months of hire, updated yearly.

SafePass tip: SafePass keeps dated training records in each staff profile.

Home annual training: 12 or 15 hours

14 DE Admin. Code 934 §§ 56.0, 70.0 Effective August 2022 Family child care View rule 14 DE Admin. Code 934 §§ 56.0, 70.0

Family home providers complete 12 clock hours a year, including 1 hour of health or safety, at least 30 days before the license expires. Large family licensees present 7 or more hours a week, providers, assistants and aides complete 15 hours including 1 of health or safety. Licensees and planned substitutes keep first aid and CPR current.

SafePass tip: SafePass tracks training and certification expiration dates for each caregiver you add as staff.

Medication certificate

14 DE Admin. Code 933 § 63.1; 934 § 42.1 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 63.1; 934 § 42.1

A staff member at least 18 who holds OCCL's administration of medication certificate (from passing OCCL's test on its self-study guide) must be present at all times, including on field trips.

SafePass tip: SafePass tracks each staff certification's expiration date. Staff get a reminder 30 days out, and directors are alerted when one expires.

Supervision and focus on care

14 DE Admin. Code 933 §§ 26.6, 27.1; 934 §§ 13.15, 13.18 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 §§ 26.6, 27.1; 934 §§ 13.15, 13.18

Children are supervised and directly observed at all times by qualified staff physically present with them. Staff caring for children may not do other duties or personal activities, such as using a cell phone, that interfere with care. Home providers may not socialize, watch electronics (except for business), do intensive housework or work on hobbies during care.

SafePass tip: SafePass shows staff a live list of children checked in to each room, so a caregiver can confirm names and headcount at a glance.

Daily health check and exclusions

14 DE Admin. Code 933 §§ 44.0, 62.0; 934 §§ 26.1, 41.1 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 §§ 44.0, 62.0; 934 §§ 26.1, 41.1

Each child is observed on arrival by trained staff for signs of illness, injury or abuse, with concerns documented. Children are sent home for symptoms such as a fever of 100°F or more (infants 4 months and younger) or 101°F with other symptoms, diarrhea or vomiting twice in 24 hours, pink eye with discharge, and listed contagious diseases, and may return when symptoms are gone or a health care provider clears them. Parents are told of exposures, and reportable diseases go to the Division of Public Health.

SafePass tip: SafePass can run an optional health check at check-in (temperature and symptoms) and notifies directors and parents when a child doesn't pass.

Lead paint, radon and hazardous materials

14 DE Admin. Code 933 §§ 45.2–45.4; 934 § 27.0 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 §§ 45.2–45.4; 934 § 27.0

Buildings from before 1978 need a lead-paint risk assessment by a DPH-certified firm, with intact lead paint checked every 6 months. Every room used for care is tested for radon every 5 years (October to March) and after renovation, with mitigation above 4.0 pCi/L and results sent to OCCL within 5 business days. Poisons are labeled and locked away; in homes, matches, lighters, medicines, alcohol, plastic bags and blind cords are kept out of reach.

Smoking, firearms and candles

14 DE Admin. Code 933 §§ 47.0, 49.13–49.14; 934 §§ 29.14, 29.16 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 §§ 47.0, 49.13–49.14; 934 §§ 29.14, 29.16

No smoking or vaping in a center, its play area, vehicles or around children; homes may not allow smoking during care hours or around children. Centers may have no firearms or ammunition on the premises (law enforcement on duty excepted); homes keep guns locked with ammunition stored separately. No candles, incense or air fresheners.

Allergies

14 DE Admin. Code 933 §§ 21.1.3, 40.1.9; 934 § 22.1.8 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 §§ 21.1.3, 40.1.9; 934 § 22.1.8

Each child's file lists allergies and medication needs, and the food service policy must explain how food allergies are handled, whether food comes from the center or home.

SafePass tip: SafePass registration packets collect allergies and medical notes, and they show on the child's profile for staff.

Anchor furniture that can tip

14 DE Admin. Code 933 § 57.9.6; 934 § 36.8.6 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 57.9.6; 934 § 36.8.6

Large objects that could fall or tip, including televisions, dressers, bookshelves, wall cabinets, sideboards or hutches, and wall units, must be securely anchored. Equipment with sharp edges, broken parts, rust or flaking paint is repaired, removed or put out of reach, and freezers, washers, dryers and other entrapment hazards are kept inaccessible unless children are actively supervised.

Indoor space and room safety

14 DE Admin. Code 933 §§ 49.5, 49.7–49.9, 49.11 Effective June 2022 Centers View rule 14 DE Admin. Code 933 §§ 49.5, 49.7–49.9, 49.11

At least 35 square feet of usable floor space per child, measured wall to wall without bathrooms, kitchens, halls and offices. Unused outlets and power strips within reach are covered, exits stay clear, closet doors open from both sides, low glass has a decal at child eye level, and hot water at taps children can reach is no hotter than 120°F.

Home indoor safety and space

14 DE Admin. Code 934 §§ 29.0, 58.2, 63.1 Effective May 2022 Family child care View rule 14 DE Admin. Code 934 §§ 29.0, 58.2, 63.1

Family homes licensed after 2009 have 25 square feet per child in one area or adjoining rooms; large family homes 35. Stairs need safety gates where infants and toddlers are in care (no pressure or accordion gates), outlets are covered, door locks open from either side, there's a working flashlight, and the home passes an electrical inspection every 3 years.

Center outdoor play areas

14 DE Admin. Code 933 § 53.0 Effective June 2022 Centers View rule 14 DE Admin. Code 933 § 53.0

75 square feet per child using the playground at one time (50 for centers licensed before 2007), enough for a quarter of capacity, fenced at least 4 feet high with openings no larger than 3½ inches, 2 exits and self-closing, self-latching gates that stay unlocked during hours. Fixed equipment is anchored, resilient surfacing follows the CPSC Handbook for Public Playground Safety and extends at least 6 feet, staff check the area before play, and trampolines are banned.

Home outdoor play areas

14 DE Admin. Code 934 §§ 32.6, 59.0, 64.0 Effective May 2022 Family child care View rule 14 DE Admin. Code 934 §§ 32.6, 59.0, 64.0

Family homes fence the play area when hazards such as busy roads, water or railroads are near; large family homes always fence it and provide 50 square feet per child. Large outdoor equipment is anchored and may not sit on concrete or asphalt.

Room temperature

14 DE Admin. Code 933 § 48.5 Effective June 2022 Centers View rule 14 DE Admin. Code 933 § 48.5

Rooms used by children stay between 68°F and 82°F measured 3 feet above the floor. If a room can't be brought back within 4 hours, or drops below 60°F or rises above 90°F, children move to another approved area or the center closes and tells OCCL.

Monthly evacuation drills

14 DE Admin. Code 933 § 66.2; 934 § 45.2 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 66.2; 934 § 45.2

Practice an evacuation drill every month from all exits, at different times of day including nap time, and post evacuation routes. Record the date and time, number of children and adults, exits used and total time to evacuate.

SafePass tip: SafePass does not keep a drill log, so keep the dated drill record on paper or in your own file.

Written emergency plan and shelter-in-place

14 DE Admin. Code 933 §§ 66.1, 66.3; 934 §§ 45.1, 45.3 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 §§ 66.1, 66.3; 934 §§ 45.1, 45.3

Have and train staff on a written plan for natural and man-made disasters covering staff roles, tracking children, relocation, reunifying families, infants and children with disabilities, contacting responders and parents, and lockdown. Plan to shelter in place for up to 24 hours with non-perishable food, bottled water and supplies to serve food without electricity.

SafePass tip: SafePass's checked-in list shows who is in care right now, and parent messaging can reach every family at once during a relocation or reunification.

Fire prevention checks and alarms

14 DE Admin. Code 933 § 66.4; 934 §§ 30.4–30.9 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 66.4; 934 §§ 30.4–30.9

Do a monthly fire prevention inspection and post the latest report. Homes test smoke alarms (and carbon monoxide alarms where there's fuel-burning equipment or an attached garage) monthly with a log, replace batteries yearly, and keep a 2A-10BC extinguisher that a State Fire Marshal-licensed contractor inspects each year.

First aid kits

14 DE Admin. Code 933 § 65.0; 934 § 44.1 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 65.0; 934 § 44.1

Keep a stocked first aid kit out of children's reach (gloves, non-glass thermometer, gauze, splints, cold pack, a first aid guide and more) and take one on every trip, with water, soap, emergency medications and parent phone numbers.

Giving medication

14 DE Admin. Code 933 §§ 63.1–63.4; 934 §§ 42.1–42.4 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 §§ 63.1–63.4; 934 §§ 42.1–42.4

Only certified staff at least 18 give medication, with written parent permission for each medicine and the parent's details on dose, time, route, end date, reason and the doctor and pharmacy. Medicine stays in its original labeled container, is stored securely out of reach, and isn't expired. Prescription medicine goes only to the child named on it; over-the-counter medicine is labeled with the child's name and given as the label or a health care provider directs. Injections other than IV are allowed with a health care provider's statement and any training it requires.

SafePass tip: SafePass collects the parent's signed medication request electronically. Staff approve it, and the parent gets a notification at each dose.

Medication Administration Record

14 DE Admin. Code 933 § 63.5; 934 § 42.5 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 63.5; 934 § 42.5

Record every dose on the Medication Administration Record (MAR): dose, time, who gave it, side effects and errors. Tell the parent immediately about an error or reaction, and tell OCCL within 1 business day if it led to medical treatment.

SafePass tip: SafePass logs each dose with the time, amount and staff name.

Health appraisal with immunizations within 30 days

14 DE Admin. Code 933 §§ 40.1.5, 41.0; 934 §§ 22.1.6, 23.0 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 §§ 40.1.5, 41.0; 934 §§ 22.1.6, 23.0

Within a month of starting care, each child's file needs a health appraisal done in the last 12 months by a health care provider, with age-appropriate immunizations (Appendix IV for centers, VIII for homes), blood lead screening at about 12 and 24 months, and emergency treatment information. Update it every 13 months until the child is in kindergarten. Religious exemptions need a notarized statement; medical exemptions need a health care provider's documentation. When a vaccine-preventable disease is diagnosed, unimmunized children are excluded as DPH directs.

SafePass tip: SafePass lets parents upload vaccine records. Staff verify them, and the dashboard lists overdue and due-soon doses, with an exemption field.

Meals and snacks by hours in care

14 DE Admin. Code 933 § 71.1; 934 § 50.1 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 71.1; 934 § 50.1

2–4 hours: 1 snack. 4–6 hours: 1 meal and 1 snack. 7–11 hours: 2 meals and 1 snack, or 2 snacks and 1 meal, depending on arrival time. 12 hours or more: 3 meals and 2 snacks. Food the program serves follows the child meal patterns in the rule's appendix, menus are dated, posted and kept 30 days, and children are encouraged but never forced to eat. Drinking water is always available.

SafePass tip: SafePass weekly menus and meal logs show parents what was served and how much their child ate.

Infant feeding

14 DE Admin. Code 933 § 72.0 Effective June 2022 Centers View rule 14 DE Admin. Code 933 § 72.0

Feed infants on demand following the parent's written feeding statement, updated monthly. Hold infants for bottles (one infant per staff member at a time) and never prop a bottle or put an infant down with one. No microwaving bottles, no cow's milk or juice for infants, and solid foods by 8 months unless a health care provider says otherwise. Share a written record of what each infant ate every day. Discard prepared formula after 48 hours and frozen breast milk after 6 months.

SafePass tip: SafePass daily activity logs record bottles and meals, and parents see them.

Infants: back to sleep, bare crib

14 DE Admin. Code 933 § 56.9; 934 § 35.9 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 56.9; 934 § 35.9

Infants sleep only in CPSC-compliant cribs, pack-and-plays or playpens, on their backs unless a health care provider documents otherwise, with a firm, tight-fitting mattress and fitted sheet only. No pillows, blankets, bumpers, bibs, stuffed toys or positioners; pacifiers are allowed. Infants who fall asleep in a car seat or swing are moved to a crib right away. Swaddling needs written parent permission and a swaddle sleeper, not a blanket. Cribs aren't stacked.

SafePass tip: SafePass nap logs record when each child went down and woke up, and parents see them.

Home sleep checks every 30 minutes

14 DE Admin. Code 934 §§ 25.3, 35.10 Effective May 2022 Family child care View rule 14 DE Admin. Code 934 §§ 25.3, 35.10

Family and large family homes document a check of each sleeping infant at least every 30 minutes to make sure the infant is breathing normally. Up to 2 children under 2 may sleep in another room on the same floor with written parent permission, the door open and documented checks every 15 minutes. The November 2026 proposal would add documented 30-minute infant sleep checks for centers.

SafePass tip: SafePass nap logs record when each child went down and woke up, but SafePass does not run timed sleep-check logs, so keep the 15- or 30-minute check record separately.

Rest for older children

14 DE Admin. Code 933 §§ 56.1–56.7; 934 §§ 35.1–35.7 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 §§ 56.1–56.7; 934 §§ 35.1–35.7

Children under 18 months who don't walk sleep in cribs; walkers 12–18 months may use a cot or mat with parent permission. Each child has labeled equipment, children over 1 get top and bottom covers, and sleep equipment is 1½ feet apart. Children who rest 30 minutes and don't need more get a quiet activity, and preschoolers aren't required to sleep.

Prohibited discipline

14 DE Admin. Code 933 § 20.6; 934 § 18.6 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 20.6; 934 § 18.6

Banned: rough handling and any physical punishment (shaking, grabbing, hitting, spanking, biting, pinching and similar); yelling at, humiliating or frightening children; negative comments about a child's looks, ability, ethnicity or family; denying food, water or the toilet; tying, taping or caging; punishing toileting accidents or not sleeping or eating; withholding physical activity; and letting children discipline each other. A brief hold is allowed only when a child is in imminent danger to self or others, and must be documented.

SafePass tip: SafePass incident reports record what happened, the staff involved and the action taken, and notify the parent.

Time-out

14 DE Admin. Code 933 § 20.5; 934 § 18.5 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 20.5; 934 § 18.5

Time-out is a supplement to positive behavior supports, never for infants, no longer than 1 minute per year of age, explained to the child first, supervised, and followed by a conversation about better choices.

Each child's file

14 DE Admin. Code 933 § 40.0; 934 § 22.0 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 40.0; 934 § 22.0

Before care begins: the child's name, birth date and address; parents' contact and work details; at least 2 emergency contacts approved for pickup; everyone approved to pick up; the health care provider; written permissions (emergency treatment, release, diet, swimming, medication, electronics, sleeping on a mat, transport); court orders; and the signed Parents' Right to Know form. The health appraisal and immunizations follow within 30 days. Keep the file current and available for 3 months after the child leaves.

SafePass tip: SafePass registration packets collect guardians, emergency contacts, authorized pickups, physician and allergy information, with a parent signature.

Staff files

14 DE Admin. Code 933 § 30.0; 934 § 69.0 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 30.0; 934 § 69.0

At hire: personal data, 2 references, service letters from past employers, a signed criminal history statement, the drug and alcohol acknowledgment, orientation record, job description, fingerprint verification and eligibility letter, Adult Abuse Registry check, a health appraisal and TB test or risk assessment within the first month, the annual safe sleep and child abuse reporting reviews, professional development plan, qualifications certificate, first aid and CPR within 2 months, and the medication certificate. Keep files 3 months after the person leaves.

SafePass tip: SafePass staff profiles hold certifications, training records and the background check date for each person.

Parents' Right to Know

14 Del.C. § 3003B; 933 § 38.0; 934 § 21.0 CentersFamily child care View rule 14 Del.C. § 3003B; 933 § 38.0; 934 § 21.0

Every person seeking care gets OCCL's Parents' Right to Know notice explaining their right to see any licensed facility's records and complaints, during the tour or with enrollment materials. Keep their signed statement and a log, signed by the parents, of everyone you gave it to (including families who didn't enroll), and hand the log to OCCL at each annual compliance review. Failing to give the notice can cost up to $100 per violation.

Accident and injury reports

14 DE Admin. Code 933 § 64.1; 934 § 43.1 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 64.1; 934 § 43.1

Write a report for every accident or injury (child, date, what happened, how, first aid given) and get it signed by the parent, giving them a copy the same day or within 1 business day. Serious injuries need an immediate call to the parent after first aid and any ambulance.

SafePass tip: SafePass incident reports record what happened, the action taken and first aid, notify the parent, and capture the parent's e-signature.

Children's attendance

14 DE Admin. Code 933 § 43.0; 934 § 24.0 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 43.0; 934 § 24.0

Record each child's exact arrival and departure time (in a center, in the child's classroom) at the moment it happens, track where a child is when away from the assigned class, note when classrooms are combined, and keep the records at least 3 months. The rules allow written or electronic records.

SafePass tip: SafePass Kiosk records each check-in and check-out with a timestamp and who dropped off or picked up, and it exports attendance reports as PDF.

Staff attendance

14 DE Admin. Code 933 § 36.0; 934 § 67.4 Effective September 2020 CentersFamily child care View rule 14 DE Admin. Code 933 § 36.0; 934 § 67.4

Keep a daily written or electronic record of each staff member's exact hours in each classroom or area, recorded at arrival and departure, for at least 3 months. Homes record when a substitute is present (934 § 15.10).

SafePass tip: SafePass staff time clock records give you dated hours for each person who worked.

Release of children

14 DE Admin. Code 933 § 23.1.9; 934 § 20.2.5 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 23.1.9; 934 § 20.2.5

Release children only to people the parent approved, check the ID of an approved person you don't know and keep a record of it, and have written procedures for non-custodial parents, unapproved people, and anyone who seems intoxicated. School-age children may walk home or from the bus stop only with written permission.

SafePass tip: At check-out, SafePass shows staff the child's guardians and authorized pickups, with photos, and records who picked the child up.

Transporting children

14 DE Admin. Code 933 § 67.0; 934 § 46.0 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 67.0; 934 § 46.0

Each child rides in a federally approved restraint suited to age, weight and height. Center drivers are at least 21 with a valid license and a cleared background check, and centers may not use 12- to 15-passenger vans or any vehicle other than a school bus rated for more than 10 passengers plus the driver. Vehicles carry a phone, first aid kit with emergency contacts and a fire extinguisher, keep at least 50°F (and below 82°F, except school buses), and doors stay locked while moving. Never leave a child alone in the vehicle, and visually check it at the final stop. Written parent permission is required.

SafePass tip: SafePass doesn't keep a transport or vehicle check log; record the walk-through separately.

Field trips and outings

14 DE Admin. Code 933 § 68.0 Effective June 2022 Centers View rule 14 DE Admin. Code 933 § 68.0

Have a plan to keep track of children, written permission naming the place, date and transport, medical consents and emergency contacts, a first aid kit and phone, and tags with the center's name and number on each child.

Unannounced annual compliance reviews

14 DE Admin. Code 933 §§ 5.0, 8.5; 14 Del.C. § 3003A(a)(2) Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 §§ 5.0, 8.5; 14 Del.C. § 3003A(a)(2)

OCCL licensing specialists make an unannounced compliance review each year, plus complaint and enforcement visits. You must give immediate access to the building, files and video recordings, and allow interviews with staff, children and parents. Non-compliance is written up on a corrective action plan with correction dates.

Enforcement actions

14 DE Admin. Code 933 § 13.0; 934 § 12.0 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 § 13.0; 934 § 12.0

For serious non-compliance or failure to follow a corrective action plan, OCCL can issue a warning of probation (up to 6 months), probation (up to 1 year), immediate suspension when children are in serious danger, revocation or denial. On an enforcement action you can't add capacity or sites. After a revocation or denial is upheld you can't apply again for 3 years.

Penalties and public records

14 Del.C. §§ 3003B, 3005A CentersFamily child care View rule 14 Del.C. §§ 3003B, 3005A

OCCL may impose civil penalties up to $1,000 per licensing violation, and operating without a license is punishable by a fine up to $1,000, up to 6 months in prison, or both. Facility records and complaints are open to the public on written request to OCCL within 10 business days, and OCCL's online search shows each facility's recent compliance history.

Disputing a citation within 5 days

14 DE Admin. Code 933 §§ 8.5.2, 12.4; 934 §§ 8.5.2, 11.4 Effective June 2022 CentersFamily child care View rule 14 DE Admin. Code 933 §§ 8.5.2, 12.4; 934 §§ 8.5.2, 11.4

Within 5 days of a citation or complaint report, you may ask a licensing supervisor for a conference, or discuss it by phone, and show evidence that you were wrongly cited. The supervisor decides whether to remove it from the corrective action plan.

Hearings and Superior Court appeal

14 Del.C. § 3004A(e)–(l); 933 § 13.0 CentersFamily child care View rule 14 Del.C. § 3004A(e)–(l); 933 § 13.0

Ask for a hearing within 10 business days of an enforcement notice (warning of probation or probation may be asked for verbally; others in writing). A revocation or denial takes effect 30 business days after notice unless you request a hearing, which suspends it. Suspension hearings are scheduled within 10 business days. A hearing officer recommends and the Secretary of Education decides; the decision is final 10 business days after mailing, and you may appeal to the Superior Court in your county within 30 business days.