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 301-6.0 - Criteria for Prohibited Convictions and Child Protection Registry Substantiations

Universal Citation: 9 DE Admin Code 301-6.0

Current through Register Vol. 28, No. 3, September 1, 2024

6.1 People convicted of a prohibited offense or active on the child protection registry for a prohibited substantiation shall be prohibited from employment, volunteering, contracting, or residing in a licensed or license exempt family child care home, or providing foster care, respite care or adoption without consideration of other criteria.

6.2 If a person has more than one prohibition, the higher level prohibition shall apply.

6.3 The Adoption and Safe Families Act of 1997 prohibits people from becoming foster or adoptive parents if they have the following felony convictions:

6.3.1 Child abuse or neglect, spousal abuse, crimes against children (including child pornography), and crimes involving violence including rape, sexual assault, and homicide committed at any time.

6.3.2 Physical assault, battery, and drug related offenses committed within the past five years.

6.4 The Child Care Development Block Grant Act of 2014 prohibits child care persons from employment, volunteering, substituting, contracting, or living in licensed child care centers, family child care homes, and license exempt facilities and homes if such person:

6.4.1 Refuses to consent to the background check;

6.4.2 Knowingly makes a materially false statement in connection with the background check;

6.4.3 Is registered, or is required to be registered, on a State sex offender registry or repository or the National Sex Offender Registry; or

6.4.4 Has been convicted of a felony consisting of murder, child abuse or neglect, a crime against children, including child pornography, spousal abuse, a crime involving rape or sexual assault, kidnapping, arson, physical assault or battery committed at any time; or

6.4.5 Has been convicted of a felony drug-related offense committed during the preceding 5 years; or

6.4.6 Has been convicted of a violent misdemeanor committed as an adult against a child, including the following crimes: child abuse, child endangerment, sexual assault or child pornography at any time.

Disclaimer: These regulations may not be the most recent version. Delaware may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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