Information for Parents
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OFFICE OF CHILD CARE LICENSING
The Office of Child Care Licensing (OCCL) has been granted the authority to regulate child care in the state of Delaware by the Delaware Child Care Act. This act states, “No person may conduct child care, nor may any institution, agency, association or organization conduct child care, unless first having obtained a license from the Office of Child Care Licensing.” The types of care regulated by OCCL include:
- Family Child Care Homes
- Large Family Child Care Homes
- Early Care and Education and School-Age Centers
- Residential Child Care Facilities and Day Treatment Programs
- Child Placing Agencies
The National Association for Regulatory Administration which has as its' Mission "Consumer protection through prevention" says, "There are many benefits to licensure. Studies show children in quality, licensed programs are healthier and safer and that they are exposed to age-appropriate curricula that help them develop intellectually, emotionally, physically and socially1. Additionally, strong, appropriate licensing programs are recognized for the strong role they play in supporting and influencing quality early care and education programs that reduce cumulative, long-range risks to children's social, academic and economic success. A position statement, EQUAL PROTECTION AND QUALITY is available at http://www.naralicensing.org/associations/4734/files/JointPP.pdf. Selecting child care is one of the most important decisions a parent can make.
Revised Family and Large Family Child Care Rules Are Coming Requirements governing the operation of Family and Large Family Child Care Homes have not been updated since 1994. During the past year these have been under revision. It is expected that the revised Rules will become effective in January 1, 2009. Early Care and Education and School-Age Center Rules Revised Child Care Center Requirements that were revised became effective on January 1, 2007 and are now known as DELACARE Rules for Early Care and Education and School-Age Centers. These Rules may be viewed on the “Regulations/Requirements” page on this website. Delaware Stars for Early Success Delaware Stars is a Quality Rating and Improvement System (QRIS), which is a method used to assess, improve, and communicate the level of quality in early care, education, and school-age settings. It establishes quality standards for those programs and provides technical assistance as well as limited financial support to programs involved in Stars as they engage in quality improvement efforts. Delaware Stars is designed as a voluntary system that expects programs to work on improving quality by moving up the Star Levels. Delaware Stars has only completed the first year of reviewing programs. It is not yet possible for all Providers to participate in Delaware Stars. Learn more about Delaware Stars: Description of Delaware Stars for Early Success
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SELECTING CHILD CARE |
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Selecting child care is one of the most important decisions a parent or guardian
will make on behalf of their child. The Office of Child Care
Licensing (OCCL) advocates the use of Licensed Child Care Providers. The
National Association for Regulatory Administration has issued a “joint
paper” on the issue of licensing all child care. This “joint
paper” is available on http://www.naralicensing.org/associations/4734/files/JointPP.pdf. OCCL encourages parents and guardians to be educated and wise consumers. Under the “RESOURCES” heading are many helpful tools and checklists that will provide valuable information about choosing child care as well as other information that will benefit you throughout this process.
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first question that should be asked when interviewing someone to provide
child care is “Are you licensed by the State of Delaware?”.
Licensed providers are required to post their license in a prominent place. Licenses
are issued for a maximum time period of one year. The effective
and end dates are on the license. |
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Risks and Disadvantages of Unlicensed Child Care |
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Unlicensed Care |
Licensed Care |
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| • It’s Illegal! | In Delaware, DE Code, Title 31, Chapter 3, Subchapter III, The Delaware Child Care Act requires a person or entity to be licensed whenever child care services are provided for a fee, on a regular basis and outside of the child’s home for even one (1) unrelated child. | |
| • No Background Checks Are Conducted! |
A licensed provider and anyone living in the provider’s household or is on staff, who is eighteen (18) years of age or older, must be fingerprinted for a background check. This check includes Delaware and Federal criminal history, child protection registry and adult abuse registry search. | |
| • No Health Appraisal Required! |
A licensed provider and his/her household members or staff will have had a health appraisal from a licensed health care provider to assess for any health concerns that could affect the care of children. | |
| • No Safety Requirements! |
A licensed family child care home/center will have an annual inspection, fire safety equipment inspection such as fire extinguishers, and smoke detectors, and will be limited to certain areas of the home/center in which care may be provided. They must also meet any requirements of the Fire Marshal, Division of Public Health or State, County and Local offices of land management/zoning. | |
| • No Education or Training Requirements! |
To offer child care, a licensed provider is required to have current CPR certification and First Aid along with training in the topics of child development, educational activities, positive behavior management, health, safety, nutrition, families/communities, professionalism and business practices. Each year they providers and staff are required to take from twelve (12) to eighteen (18) additional clock hours of training annually as a part of the licensure renewal process. There are a variety of grant and scholarship opportunities to help licensed child care staff cover the cost of education and training, as well as for resources to enhance or expand the program. | |
| • No Health Requirements! |
All licensed child care facilities are required to follow proper procedures for cleaning (sanitation), hand-washing, diapering changing and toileting, standard precautions, first aid, food safety, and napping/sleeping especially concerning safe sleep for infants (Back to Sleep). | |
| • No Nutritional Requirements! |
A licensed provider is required to provide or ensure balanced meals and snacks are served throughout the day and can participate in the Child and Adult Care Food Program to receive reimbursement to help with the cost of food. | |
| • No Limits on the Number of Children! |
A licensed provider can only provide child care to a limited number of children in accordance with the type of care provided and as may be limited by State. The maximum number of children in a licensed Family Child Care Home is six (6) children preschool-age or younger and three (3) school-age children. The provider’s own preschool-age or younger children count toward the number of children allowed. | |
| • May lack Liability Insurance! |
Basic homeowners insurance does not normally offer coverage for the business of providing child care in a home. Although not required for licensure, licensed family child care providers are informed of the need to look into the appropriate “riders” on his/her homeowner’s insurance or extra insurance that covers the business of providing child care. Centers are required to have liability coverage. | |
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• May not be paying
taxes and/or allow parents to claim child care expenses! |
A licensed child care provider has been informed of the obligation to pay taxes and provide parents with the appropriate information such as the yearly amount of child care paid and the provider’s tax identification or Social Security number so that child care expenses can be properly claimed. | |
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THE NATIONAL ASSOCIATION FOR REGULATORY ADMINISTRATION EQUAL PROTECTION AND QUALITY EDUCATION FOR EVERY CHILD WHEREAS: all children regardless of age, ethnicity, religion, or social-economic status deserve nurturing and protection; WHEREAS: children in the care of unlicensed child care providers may experience greater risks to their health, safety and optimum development; WHEREAS: parents value safe and nurturing settings with appropriate regulations and oversight and monitoring using equal standards; WHEREAS: licensed providers recognize the value of positive, appropriate regulation and monitoring to ensure protection and stimulate quality; WHEREAS: equitably enforced licensing regulations provide a floor of protection, assuring environmental health and safety including qualifications and training of teachers and staff-child ratios, age-appropriate activities and furnishings, and a variety of learning opportunities; these factors are recognized as being essential building blocks to achieving quality child care programs that reduce cumulative long-range risks to children’s social, academic and economic success; WHEREAS: children served in unregulated exempt services do not benefit from the same level of health and safety protection, program standards, staff criminal record checks, qualified and trained staff, staff-child ratios, building and fire code approvals, or licensing staff oversight, consultative assistance and investigation of complaints; WHEREAS: the cost of adequately and effectively supporting the protections provided by state licensing agencies must be borne by the public; THEREFORE BE IT RESOLVED: The National Association for Regulatory Administration and the National Child Care Association oppose exemptions to licensing laws and regulations because they put children at increased risk of harm. BE IT FURTHER RESOLVED: These organizations endorse and support appropriate regulations and the benefits of licensing and monitoring of services for children in out-of-home care, including relative care and before- and -afterschool programs for school age children, regardless of who provides those services and where those services are provided. BE IT FURTHER RESOLVED: These organizations support a realignment of public resources to support additional funding for licensing agencies due to an expanded scope created through the elimination of exemptions. |
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