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
302 - Child Protection Registry Checks for Persons Working in Health Care Facilities, Public Schools, Private Schools, and Youth Camps
Section 302-3.0 - Definitions
"Active on the child protection registry" means substantiated by the Division of Family Services for abuse or neglect at level II, III, or IV and reportable to employers.
"Child protection registry" means a central registry of information about persons the Division of Family Services has found cause to believe or a court has substantiated through court adjudication as having committed child abuse or neglect since August 1, 1994. Each substantiated incident shall be designated at one of three levels: II, III, IV.
"Child protection registry check" means a computer search of the child protection registry to determine if a person is active on the registry as a perpetrator in any substantiated case of child abuse or neglect.
"Criminal History Unit" means the Department unit, located in the Division of Family Services that is responsible for completing child protection registry checks.
"Department" means the Department of Services for Children, Youth and Their Families.
"Direct access" means the opportunity to have personal contact with people receiving care or education during the course of one's assigned duties.
"Division of Family Services" means the division that maintains the child protection registry.
"Employer" means any health care facility, higher education institution, public school, private school, or youth camp as defined.
"Health care facility" means any custodial or residential facility where health, nutritional, or personal care is provided for people including nursing homes, hospitals, home health care facilities, and adult day care facilities.
"Higher education institution" means a Delaware college or university that has a teacher preparation program that places candidates into student teaching placements in a Delaware public school.
"Person seeking employment" means any person applying for employment in a public school or public school district, or with an agency that supplies contracted services to students of a public school, or any other person who for any reason has regular direct access to children at any public school, or any person applying for employment in a health care facility or at a youth camp. This definition also includes volunteers, student teachers, and substitute teachers.
"Private School" means a school having any or all of grades kindergarten through twelve, operating under a board of trustees and maintaining a faculty and plant which are properly supervised.
"Public school" means any public school and includes any board of education, school district, charter school, or any person acting as a representative of one.
"Volunteer" means any person who has direct access to people receiving care or education during the course of one's assigned unpaid duties.
"Youth camp" means a child-serving entity having custody or control of one or more school-age children, unattended by parent or guardian, for the purpose of providing a program of recreational, athletic, educational and/or religious instruction or guidance and operates for up to 12 weeks for three or more hours per day, during the months of May through September or some portion thereof, or during holiday breaks in the course of a school year, and is operated in a space or location that is not subject to licensing pursuant to 31Del.C.§ 344.
