HS1FORHB49 • 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: Signed 9/2/25
Effective date: Not listed

Plain English Breakdown

The bill summary and text do not provide specific details on the effective date or transitional rules for existing early education programs.

Changes to Delaware's Child Care Act

This act updates the Delaware Child Care Act to clarify that early education programs run by state or local public schools must be monitored and regulated by the Office of Child Care Licensing.

What This Bill Does

Clarifies that 'early education program' includes a public program operated by an entity under state ownership and control, including local education agencies, for children below kindergarten age.
Requires early education programs run by state or local education agencies to be monitored and regulated by the Office of Child Care Licensing (OCCL).

Who It Names or Affects

Early education programs for children below kindergarten age run by state or local public schools.
The Office of Child Care Licensing which will monitor these programs.

Terms To Know

Office of Child Care Licensing (OCCL): A government agency that sets and enforces rules for child care facilities to ensure they are safe and meet quality standards.
Early education program: A public school program for children below kindergarten age, which now must follow specific regulations set by the Office of Child Care Licensing.

Limits and Unknowns

The exact date when these changes will take effect is not specified in the bill text.
It does not specify what happens to existing early education programs before they are monitored and regulated by OCCL.

Bill History

2025-09-02 Delaware General Assembly
Signed by Governor
2025-06-25 Delaware General Assembly
Passed By Senate. Votes: 21 YES
2025-04-17 Delaware General Assembly
Reported Out of Committee (Education) in Senate with 6 On Its Merits
2025-03-25 Delaware General Assembly
Passed By House. Votes: 39 YES 2 ABSENT
2025-03-25 Delaware General Assembly
Assigned to Education Committee in Senate
2025-03-19 Delaware General Assembly
Reported Out of Committee (Education) in House with 2 Favorable, 10 On Its Merits
2025-03-13 Delaware General Assembly
Adopted in lieu of the original bill HB 49, 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 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 & Rep. Heffernan & Sen. Sturgeon

Reps. Burns, Ortega, Bush, Kamela Smith; Sens. Hoffner, Poore

HOUSE OF REPRESENTATIVES

153rd GENERAL ASSEMBLY

HOUSE SUBSTITUTE NO. 1

FOR

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 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.