HOUSE OF REPRESENTATIVES

149th GENERAL ASSEMBLY

HOUSE BILL NO. 324

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO THE DELAWARE CHILD CARE ACT.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 343, Title 31 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 343. Powers of the Office of Child Care Licensing with respect to child care.

(c) The Office of Child Care Licensing may prescribe, by regulation or otherwise, any reasonable standards for the conduct of such child care facilities, institutions, agencies, associations associations, or organizations and may license such of these as conform to such standards. All regulations, enforcement actions, decisions, investigations and the like previously promulgated or taken by the Office of Child Care Licensing shall continue unabated and shall remain in full force and effect notwithstanding passage of this subchapter. Regulations promulgated under this subchapter must include all of the following:

(1) Any application form required to apply for licensure under this subchapter.

(2) All of the specific requirements to obtain, retain, or renew a license under this subchapter.

(3) Due process provisions that provide all of the following:

a. That notice is required when a deficiency is alleged.

b. The opportunity to correct a deficiency that is not an immediate threat to health and safety before the deficiency is recorded as a noncompliance.

c. The informal and formal procedures to contest an alleged deficiency.

SYNOPSIS

This Act requires that the Office of Child Care Licensing include application forms, the specific requirements to obtain a license, and due process provisions in regulations to ensure that child care providers have clear notice of what is required, the opportunity to comment on proposed changes, and an opportunity to correct minor deficiencies before they are posted on the Office of Child Care Licensing’s website as an instance of noncompliance.

This Act also repeals language regarding implementation of the current section that is no longer necessary.

This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.