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
304 - Child Protection Registry
Section 304-10.0 - Child Protection Level IV

Universal Citation: 9 DE Admin Code 304-10.0

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

10.1 The following incidents of abuse or neglect shall be deemed to present the highest risk of future harm to children and shall be designated Child Protection Level IV:

10.1.1 "Abandonment 0 - 12" means the parent/caretaker fails to assume or refuses to assume responsibility or to provide basic care for a child on a daily basis. The basic care consists of food, clothing, shelter, medical care, reasonable and consistent financial support, and the maintenance of regular communication/contact between the parent/caretaker and child. This finding does not include the voluntary surrender of a baby pursuant to the Safe Arms for Baby Act.

10.1.2 "Blunt Force Trauma" means serious or life-threatening bruises, cuts, lacerations caused by a parent/caretaker that require medical treatment beyond medical examination.

10.1.3 "Bone Fracture" means a medically diagnosed break or crack in a bone or cartilage caused by a parent/caretaker.

10.1.4 "Burn/Scald" means a medically diagnosed injury intentionally or recklessly inflicted by the parent/caretaker to a child by contacting the child's skin/hair to a flame, hot object, hot liquid, electrical source, or a chemical source.

10.1.5 "Child, Aged 6 or Younger, Left Alone/Disabled Child with Significant Care Needs" means a parent/caretaker left the child alone or without a substitute caretaker. This category includes a disabled child of any age who requires on-site supervision and protection and whose activities of daily living (e.g., feeding, hygiene, toiletry) must be performed by the parent/caretaker.

10.1.6 "Death" means a child's loss of life due to abuse or neglect by parent/caretaker.

10.1.7 "Driving Under the Influence (DUI)" means incidents documented by law enforcement of a parent/caretaker driving a vehicle under the influence of alcohol or drugs with a child present.

10.1.8 "Exploitation" occurs when a parent/caretaker behaves unethically toward a child, using the parent's/caretaker's position of power to solicit sexual acts in an attempt to obtain some type of sexual gratification. This category includes situations in which a parent/caretaker prostitutes a child or knowingly permits a child to be "used" by another party, regardless of whether the parent/caretaker receives sexual gratification or other compensation (money, drugs) or no compensation at all. Additionally, this category includes situations in which a parent/caretaker teaches, encourages, or instructs a child to engage in illegal behaviors (e.g., shoplifting, burglary, drug dealing, driving without a license).

10.1.9 "Head Trauma" means a medically diagnosed serious or life-threatening injury inflicted by a parent/caretaker to a child's face or head.

10.1.10 "Internal Injury" means a medically diagnosed serious injury within the abdominal or chest area inflicted by a parent/caretaker.

10.1.11 "Life-Threatening Medical Neglect" means a parent's/caretaker's failure to obtain medical care for a child has resulted in permanent functional impairment attributable to neglect. Medical diagnosis is necessary to support this finding. This category also includes failure by a parent/caretaker to use equipment such as an apnea monitor or respirator, to provide medications for health problems such as diabetes or asthma, or to practice therapies in the home for a child such as suctioning of the airway as directed by a physician for the purpose of preventing death and sustaining life. This finding does not include cases governed by 16 Del. C. § 913.

10.1.12 "Lock In/Out, Ages 0-6" occurs when a parent/caretaker deliberately locks a child in a confined area such as the bedroom, closet, and car or locks the child out of the home.

10.1.13 "Operating a Vessel or Boat Under the Influence (BUI)" means incidents documented by law enforcement of a parent/caretaker driving a vessel or boat under the influence of alcohol or drugs with a child present.

10.1.14 "Poisoning" means a parent/caretaker intentionally or recklessly over-medicates or causes a child to ingest alcohol, drugs (legal/illegal) not prescribed for that child, or other toxic substances, resulting in significant and/or enduring functional impairment.

10.1.15 "Pornography" means production or possession of visual material (e.g., pictures, films, video) by a parent/caretaker depicting a child engaged in a sexual act or a simulation of such an act. The visual material involves sexualized content, as opposed to "naked baby" pictures.

10.1.16 "Puncture/Stab" means a parent/caretaker inflicts injury, piercing the child's body with a pointed object, which requires medical treatment beyond medical examination.

10.1.17 "Sexual Abuse" means any sexual contact, sexual intercourse, or sexual penetration, as those terms are defined in the Delaware Criminal Code, between a parent/caretaker and a child.

10.1.18 "Shaken Baby" means there has been a inflicted head injury which includes shaken baby and an impact injury. It involves some degree of intracranial injury. The most common manifestation is subdural hematoma, but it may include other types of intracranial injuries. There is a risk of serious and permanent brain damage and there may be a significant risk of death. This injury typically involves infants.

10.1.19 "Suffocation" means a parent/caretaker deliberately interferes with child's ability to breathe, by strangling/choking, smothering or otherwise depriving the child of oxygen.

10.2 Conviction of any of the following crimes when based on the same incident of abuse or neglect as alleged in the Notice of Intent to Substantiate shall be deemed to present the highest risk of future harm to children and shall be designated Child Protection Level 4:

10.2.1 assault in the first degree,

10.2.2 assault in the second degree,

10.2.3 bestiality,

10.2.4 coercion,

10.2.5 continuous sexual abuse of a child,

10.2.6 criminally negligent homicide,

10.2.7 dangerous crime against a child,

10.2.8 dealing in children,

10.2.9 felony endangering the welfare of a child or an incompetent person,

10.2.10 incest,

10.2.11 kidnapping,

10.2.12 manslaughter,

10.2.13 murder,

10.2.14 murder by abuse or neglect,

10.2.15 possession of child pornography,

10.2.16 promoting suicide,

10.2.17 rape,

10.2.18 sexual exploitation of a child,

10.2.19 sexual extortion,

10.2.20 sexual solicitation of a child,

10.2.21 unlawful dealing with a child,

10.2.22 unlawfully dealing in child pornography,

10.2.23 unlawful sexual contact,

10.2.24 vehicular assault, or

10.2.25 vehicular homicide,

10.3 An incident of abuse or neglect containing the elements of any crime or offense listed or described in 10.2.1 - 10.2.25 without regard to the institution or result of criminal or delinquency proceedings based on such incident.

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