Delaware Administrative Code
Title 9 - Services for Children Youth and Their Families
Division of Family Services Office of Child Care Licensing
300 - Abuse and Background Checks
301 - Background Checks for Child-Serving Entities
Section 301-12.0 - Confidentiality
Current through Register Vol. 28, No. 3, September 1, 2024
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 11Del.C.§ 8513 (d).