HB49 • 2025

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

Children Education

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: K. Williams
Last action: 2025-09-02
Official status: Lieu/Substituted 3/13/25
Effective date: Not listed

Plain English Breakdown

The official text defines 'early education program' specifically for public programs under state ownership, leaving private school early education programs subject to standard licensing.

Changes to Rules for Early Education Programs in Delaware

This law clarifies that early education programs run by state or local schools do not need a standard child care license but must still follow safety rules monitored by the Office of Child Care Licensing.

What This Bill Does

Removes the requirement for early education programs operated by state-owned entities to get a child care license under this chapter.
Requires these programs to be monitored instead by the Office of Child Care Licensing (OCCL).
Ensures that health, safety, and child development standards are met through this monitoring structure.

Who It Names or Affects

Early education programs operated by state-owned entities or local education agencies for children below kindergarten grade.
The Office of Child Care Licensing (OCCL), which will monitor these specific programs.

Terms To Know

Early education program: A public program operated by an entity under state ownership and control, including local education agencies, for children below the grade of kindergarten.
Office of Child Care Licensing (OCCL): The government office that monitors early education programs to ensure they meet regulatory requirements.

Limits and Unknowns

This law only applies to public programs operated by state-owned entities or local education agencies.
It does not change the licensing rules for private schools, family child care homes, or other types of day cares mentioned in the general definition.

Bill History

2025-09-02 Delaware General Assembly
HS 1 for HB 49 - Signed by Governor
2025-06-25 Delaware General Assembly
HS 1 for HB 49 - Passed By Senate. Votes: 21 YES
2025-04-17 Delaware General Assembly
HS 1 for HB 49 - Reported Out of Committee (Education) in Senate with 6 On Its Merits
2025-03-25 Delaware General Assembly
HS 1 for HB 49 - Passed By House. Votes: 39 YES 2 ABSENT
2025-03-25 Delaware General Assembly
HS 1 for HB 49 - Assigned to Education Committee in Senate
2025-03-19 Delaware General Assembly
HS 1 for HB 49 - Reported Out of Committee (Education) in House with 2 Favorable, 10 On Its Merits
2025-03-13 Delaware General Assembly
Substituted in House by HS 1 for HB 49
2025-03-06 Delaware General Assembly
Introduced and Assigned to Education Committee in House

Official Summary Text

AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO THE DELAWARE CHILD CARE ACT.
This Act makes changes to the Delaware Child Care Act to clarify that early education programs run by state or local education agencies are not subject to child care licensing requirements under this chapter, but rather are subject to a parallel regulatory and monitoring structure administered by the Office of Child Care Licensing to ensure health, safety, and child development standards are met.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Rep. K. Williams & Sen. Sturgeon

Reps. Burns, Ortega; Sens. Hoffner, Poore

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE BILL NO. 49

AN ACT TO AMEND TITLE 14 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 Chapter 30A, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows and redesignating accordingly:

§ 3002A. Definitions.

For the purpose of this chapter:

(1) a. “Child care” means an individual or entity that meets all of the following:

1. Has in custody or control 1 child or more under the age of 18 years, unattended by parent or guardian, for the purpose of providing care, education, protection, supervision, or guidance.

2. Is compensated for the individual’s or entity’s services.

3. Holds the individual’s or entity’s self out as conducting child care.

b. “Child care” includes all of the following:

1. Family child care homes.

2. Large family child care homes.

3. Child care centers, including

early education

programs for children below the grade of kindergarten that are operated by

public or

private schools.

4. Child placing agencies.

5. Residential child care facilities.

6. Day treatment programs.

7. Child care programs operating part-day or full-day.

c. “Child care” does not include individual foster or adoptive homes in which children have been placed by a State-licensed child placing agency.

(3) “Early education program” means a public program operated by an entity under state ownership and control, including local education agencies, for children below the grade of kindergarten.

§ 3004A. Child care licenses; investigation; requirements; notice; hearings and appeals.

(d) (1) This section

applies to an entity under state ownership and control that operates

does not apply to

an early education program.

Only the

An

early education program must be

licensed

monitored by OCCL

and meet OCCL

regulatory

requirements.

(2) This section does not apply to a maternity ward of a general hospital.

SYNOPSIS

This Act makes changes to the Delaware Child Care Act to clarify that early education programs run by state or local education agencies are not subject to child care licensing requirements under this chapter, but rather are subject to a parallel regulatory and monitoring structure administered by the Office of Child Care Licensing to ensure health, safety, and child development standards are met.