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 304-9.0 - Child Protection Level III
Universal Citation: 9 DE Admin Code 304-9.0
Current through Register Vol. 28, No. 3, September 1, 2024
9.1 The following incidents of abuse or neglect shall be deemed to present a high risk of future harm to children and shall be designated Child Protection Level III:
9.1.1
"Abandonment, Ages 13 - 17" 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.
9.1.2
"Bizarre Treatment" means behavior toward a child by a parent/caretaker that is extreme, or significantly disproportionate to the precipitating event initiated by the child, or would not be perceived as a logical consequence by a reasonable person such as use of or threatened use of a deadly weapon.
9.1.3
"Bruises, cuts, lacerations 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 open wound (cut/laceration). The injury required medical treatment beyond medical examination and/or was extensive (size, quantity, and locations) on the child's body. All children under the age of six months are included at this level, regardless of the need for medical treatment beyond medical examination or the extensiveness of the injury. Current evidence of historical injuries (perhaps appearing on an x-ray) that would have required medical treatment at the time of the injuries, but which do not necessitate current treatment, also require a finding at this level.
9.1.4
"Child, Ages 7 - 11, Left Alone/Disabled Child with Moderate 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, as well as routine assistance with activities of daily living (e.g., eating, hygiene, toiletry).
9.1.5
"Dislocation/Sprain" means a medically diagnosed displacement of a bone or injury to a ligament or muscle caused by a parent/caretaker.
9.1.6
"Lack of Supervision, Age 6 and Younger" 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.
9.1.7
"Lock In/Out, Ages 7 - 11" occurs when a parent/caretaker deliberately locks a child for a prolonged period of time in a confined area such as the bedroom, closet, and car or locks the child out of the home.
9.1.8
"Malnutrition" means a medically diagnosed condition of poor nourishment of a child resulting from insufficient food or an improper diet caused by a parent/caretaker.
9.1.9
"Non-Organic Failure to Thrive" means a lack of appropriate physical and emotional development that threatens the well-being of the child. It can be permanently damaging to the child without being life threatening.
9.1.10
"Other Medical Neglect" means failure by a parent/caretaker to obtain proper or necessary medical care, but the medical care is not life-threatening. This finding does not include cases governed by 16 Del. C.
§
913.
9.1.11
"Severe Physical Neglect" means failure by the 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 could result in bodily harm or death. This category includes inaction by a parent/caretaker or a failure to protect the child that results in severe harm tothe child.
9.1.12
"Verbal Innuendo" means inappropriate sexualized statements to a child by a parent/caretaker intended to entice or alarm.
9.2 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 high risk of future harm to children and shall be designated Child Protection Level III:
9.2.1 abandonment of a child,
9.2.2 assault in the third degree,
9.2.3 indecent exposure in the first degree,
9.2.4 menacing,
9.2.5 misdemeanor endangering the welfare of a child or an incompetent person.
9.2.6 offensive touching,
9.2.7 reckless endangering,
9.2.8 sexual harassment,
9.2.9 terroristic threatening,
9.2.10 unlawful administration of drugs or controlled substances, or
9.2.11 unlawful imprisonment,
9.3 An incident of abuse or neglect containing the elements of any crime or offense listed or described in 9.2.1 - 9.2.11 without regard to the institution or result of criminal or delinquency proceedings based on such incident.
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