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 304-7.0 - Child Protection Level I
Universal Citation: 9 DE Admin Code 304-7.0
Current through Register Vol. 28, No. 3, September 1, 2024
7.1 The following incidents of abuse or neglect shall be deemed to present a low risk of future harm to children and shall be designated to Child Protection Level I:
7.1.1
"Educational Neglect" means failure by a parent/caretaker to follow through with Court-ordered activity for the child after conviction in Court for "Failure to Send Child to School."
7.1.2
"Mild to Moderate Emotional Abuse" includes, but is not limited to, behaviors by a parent/caretaker toward a child such as recurrent incidents of ridiculing, demeaning, making derogatory remarks, cursing, or threatening to inflict undue physical or emotional harm.
7.1.3
"Mild to Moderate Emotional Neglect" means mild to moderate and/or isolated incidents of isolating/shunning, rejecting, or ignoring a child. This category includes inaction by a parent/caretaker or a failure to protect the child that results in little to no harm to the child's sense of well-being and safety. Child witnessing of misdemeanor domestic violence is also at this level.
7.1.4
"Mild Physical Neglect" means failure by a parent/caretaker of a child to provide for the basic needs (e.g., food, clothing, shelter) of the child, for no apparent financial reason, and although this failure decreases the child's general well-being, it does not present a threat to the child's safety. The child's general well-being may also be decreased by inaction by a parent/caretaker or a failure to protect the child.
7.2 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 a low risk of future harm to children and shall be designated Child Protection Level I:
7.2.1 violation of compulsory school attendance requirements or truancy,
7.3 An incident of abuse or neglect containing the elements of any crime or offense listed or described in 7.2.1 without regard to the institution or result of criminal or delinquency proceedings based on such incident.
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