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 301-5.0 - Background Check Process

5.1 The employer shall require each person subject to the law, either as soon as that person has accepted a position, or has agreed to serve as a volunteer, to schedule a fingerprint appointment before the start of employment. In the case of foster parents, fingerprinting must be completed before completing pre-service training or the home study process.

5.2 The person goes to a designated Delaware State Police Troop and has two sets of fingerprints taken.

5.3 The Delaware State Police follow established procedures to obtain criminal history information from the State Bureau of ldentification and Federal Bureau of lnvestigation. A report of the person's criminal history record or a statement that there is no criminal history information relating to that person is forwarded to the Criminal History Unit. The Delaware State Police also forward the person's Delaware criminal history record or a statement that there is no criminal history information relating to that person to the child-serving entity.

5.4 After receipt of the criminal history results, Criminal History Unit staff conduct a child protection registry check and all other checks required by State and federal law.

5.5 The criminal history specialist reviews the background check results from the State Bureau of Identification, child protection registry, Federal Bureau of Investigation, "Background Check Request" form, and all other checks required by State and federal law. This review is guided by the criteria specified in subsections 6.1 -7.2.

5.6 When the background check review is completed and all further investigation is conducted, the criminal history specialist shares the results with the criminal history unit supervisor when the recommendation is ineligible or prohibited. The supervisor makes the eligibility determination based on the criteria specified in subsections 6.1 -7.2. Upon making a determination of ineligible or prohibited, the Criminal History Unit shall provide notification to the child-serving entity, OCCL for licensed child care, the Department of Health and Social Services for license exempt child care, and the employee or contractor.

5.7 In the event the employee or contractor has reason to challenge the accuracy or completeness of background check results, an administrative review will be provided, as explained in Section 8.0.