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 301-7.0 - Criteria for Ineligibility
Universal Citation: 9 DE Admin Code 301-7.0
Current through Register Vol. 28, No. 3, September 1, 2024
7.1 Information received from the background check shall be reviewed by the criminal history specialist to determine eligibility for employment, contracting, and foster care based on the following criteria:
7.1.1 Types of criminal convictions;
7.1.1.1 Criminal convictions other than those that are prohibited shall be reviewed in consideration of the criteria below. Other convictions for offenses which may make an employee or contractor ineligible for employment or may make a prospective foster parent ineligible are those in the Delaware Code, which may contain (but are not limited to) the following characteristics:
7.1.1.1.1 Criminal conviction against a person where physical harm or death has taken place;
7.1.1.1.2 Criminal conviction involving weapons, explosive devices, or threat of harm;
7.1.1.1.3 Criminal conviction involving public indecency and obscenity which may have been the result of plea bargain situations;
7.1.1.1.4 Criminal conviction that shows a disregard of others, such as reckless endangering, arson;
7.1.1.1.5 Criminal conviction of cruelty to animals or deviant behavior such as abusing a corpse; or
7.1.1.1.6 Criminal conviction against the Uniform Controlled Substances Act.
7.1.1.2 The criminal convictions contained in subsection 7.1.1.1 involving the employee, contractor, or foster parent shall be reviewed in consideration of other criteria below.
7.1.2 Number of convictions;
7.1.3 Length of time since the conviction or convictions;
7.1.4 Severity of the conviction or convictions;
7.1.5 Criminal record since the conviction or convictions;
7.1.6 Relationship of the conviction or convictions to the type of job assignment or responsibilities of the person;
7.1.7 Current probation or parole status; and
7.1.8 Policies of the Department.
7.2 Failure by a person to disclose relevant criminal history or child protection registry information on the "Background Check Request" form that is subsequently disclosed as a result of the background check may be grounds for immediate termination of an employee or contractor, or denial of approval for licensure or foster, respite, or adoptive care.
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