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 304-8.0 - Child Protection Level II
Universal Citation: 9 DE Admin Code 304-8.0
Current through Register Vol. 28, No. 3, September 1, 2024
8.1 The following incidents of abuse or neglect shall be deemed to present a moderate risk of future harm to children and shall be designated Child Protection Level II:
8.1.1
"Bruises, cuts and lacerations not requiring intervention by a medical professional" means injury caused by a parent/caretaker to the body tissue of a child causing discoloration, but without breaking the skin (bruise) or an injury which causes an open wound (cut/laceration) of a child over the age of six months. The injuries did not require medical treatment beyond medical examination and/or were not extensive (size, quantity, and location) on the child's body.
8.1.2
"Child Left Alone, Ages 12-17/Disabled Child with Minimal Care Needs" means a parent/caretaker left the child alone or without a substitute caretaker for an extended period of time and appropriate plans for an emergency have not been made. This category includes a disabled child of any age who requires on-site supervision and protection, but minimal assistance with activities of daily living (e.g., eating, hygiene, toiletry).
8.1.3
"Lack of Supervision, ages 7 - 11" means the parent/caretaker of a child fails to provide immediate care to ensure the well-being and safety of the child, who is unable to care for him/herself or respond appropriately to an emergency. These are incidents in which the parent/caretaker is physically present, but is not attending to the child due to behaviors such as substance abuse.
8.1.4
"Lock In/Out, ages 12 - 17" occurs when a parent/caretaker deliberately locks a child for a prolonged period of time in a confined area such as a bedroom, closet, and car or locks the child out of the home.
8.1.5
"Moderate 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 this failure decreases the child's safety or general well-being. This category includes inaction by a parent/caretaker or a failure to protect the child that results in moderate harm to the child.
8.1.6
"Other Physical Abuse" means actions prohibited by Delaware Code such as striking with a closed fist and kicking or other actions such as biting and pulling hair by a parent/caretaker of a child that have not resulted in observable injury to the child.
8.1.7
"Severe Emotional Abuse" includes, but is not limited to, behaviors by a parent/caretaker toward a child such as chronically ridiculing, demeaning, making derogatory remarks, cursing, or threatening to inflict undue physical or emotional harm.
8.1.8
"Severe Emotional Neglect" includes behaviors by a parent/caretaker such as chronically 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 substantial harm to the child's sense of well-being and safety. Child witnessing of felony domestic violence is also included at this level.
8.1.9
"Verbal Innuendo" means inappropriate sexualized statements to a child by a parent/caretaker intended to entice or alarm.
8.2 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 moderate risk of future harm to children and shall be designated Child Protection Level II:
8.2.1 interference with custody or
8.2.2 indecent exposure in the second degree.
8.3 An incident of abuse or neglect containing the elements of any crime or offense listed or described in 8.2.1 or 8.2.2 without regard to the institution or result of criminal or delinquency proceedings based on such incident.
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