AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE CHILD CARE ACT.

Public preschools get separate child care rules

Delaware exempts public programs serving children below kindergarten from its child care licensing section. These programs must be run by state-owned and state-controlled entities, including local education agencies. Delaware’s Office of Child Care Licensing still monitors them, and they must follow its rules. Private-school programs for children below kindergarten remain subject to child care center requirements. The law also defines child care as paid providers that hold themselves out as offering child care. They must have custody or control of children under 18 without a parent or guardian present, for care, education, protection, supervision, or guidance. Covered settings include family and large family child care homes, centers, child placing agencies, residential facilities, day treatment, and part-day or full-day programs. Individual foster or adoptive homes are excluded when a state-licensed child placing agency placed the children there.