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

Plain English Breakdown

The bill text states it is effective immediately upon enactment, but the exact calendar date depends on when the Governor signs or if there are other procedural steps not shown in this excerpt.

HB204: Creating a Unit for Child Care Complaints

This law creates a special team inside the Delaware Department of Education's Office of Child Care Licensing to handle complaints about licensed child care centers using current staff and money.

What This Bill Does

• Creates a new unit called the Child Care Complaint Investigative Unit within the Office of Child Care Licensing.
• Requires the unit to receive, investigate, resolve, and document all complaints against licensed child care providers regarding regulations like health, safety, supervision, licensing, and staff conduct.
• Mandates that the unit write clear rules for how investigations happen and what consequences follow bad findings.
• Orders the unit to work with family services or police if a complaint involves suspected abuse, neglect, or crimes.
• Requires an annual public report showing how many complaints were made, their nature, investigation outcomes, and enforcement actions.
• Creates a searchable online database where the public can see results of confirmed (substantiated) complaints.

Who It Names or Affects

• The Delaware Department of Education and its Office of Child Care Licensing staff
• Licensed child care facilities and providers in Delaware
• Families, children, and people who file complaints about child care centers

Terms To Know

Substantiated complaint

A complaint that the investigation proves is true or valid.

Personally identifiable information

Private details like names and addresses of children, families, or people who report problems.

Limits and Unknowns

• The law does not provide new money; it must use staff already working in the Office of Child Care Licensing.
• Personal information about children and complainants cannot be shared with the public even if a complaint is proven true, though reporting itself may not be confidential.
• The specific date this law starts depends on when it becomes effective immediately upon enactment, but implementation must begin within 90 days.

Official Summary Text

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHILD CARE LICENSING.
This Act establishes a dedicated Child Care Complaint Investigation Unit within the Office of Child Care Licensing, under the Department of Education, to ensure timely, transparent, and accountable responses to complaints involving licensed child care providers. It requires no new funding and is to be implemented within existing staffing and resources.

Current Bill Text

Legislation Document

SPONSOR:

Rep. Romer & Sen. Poore & Sen. Lockman

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 204

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

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

Section 1. Amend Chapter 30A, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3009A. Child Care Complaint Investigative Unit.

(a) The Department must establish a Child Care Complaint Investigative Unit within the OCCL. The Child Care Complaint Investigative Unit is responsible for the intake, investigation, resolution, and documentation of complaints received concerning licensed child care facilities and providers in this State.

(b) The Child Care Complaint Investigation Unit must do all of the following:

(1) Receive and document complaints related to alleged violations of child care regulations, including health and safety standards, supervision, licensing requirements, and staff conduct.

(2) Create clear policies, procedures, and consequences for complaint investigations.

(3) Outline processes for substantiating complaints and administration of consequences.

(4) Coordinate with the Division of Family Services and appropriate law enforcement entities when a complaint involves suspected child abuse, neglect, or criminal conduct.

(5) Maintain a centralized, confidential record-keeping system of all complaints, findings, and resolutions.

(6) Prepare and submit an annual public report summarizing the number and nature of complaints received, the outcomes of investigations, and any resulting enforcement actions.

(c) The Department must ensure that substantiated complaint findings are accessible to the public through a searchable online database consistent with applicable privacy laws and regulations.

(d) All personally identifiable information concerning children, families, and complainants must remain confidential and may not be disclosed except as permitted or required by law. Complaint reporting may not be confidential, but identifying information must remain confidential and may not be disclosed except as permitted or required by law.

Section 2. In implementing this Act, the Department of Education must assign personnel and resources to the Child Care Complaint Investigation Unit from within existing Office of Child Care Licensing staff and operational resources.

Section 3. This Act is effective immediately and is to be implemented no later than 90 days from the date of the Act’s enactment.

SYNOPSIS

This Act establishes a dedicated Child Care Complaint Investigation Unit within the Office of Child Care Licensing, under the Department of Education, to ensure timely, transparent, and accountable responses to complaints involving licensed child care providers. It requires no new funding and is to be implemented within existing staffing and resources.