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Legislation Document
SPONSOR:
Sen. Paradee & Rep. Harris
Sens. Brown, Buckson, Cruce, Hansen, Hocker, Hoffner, Huxtable, Lawson, Lockman, Mantzavinos, Pettyjohn, Pinkney, Poore, Richardson, Seigfried, Sokola, Sturgeon, Townsend, Walsh, Wilson; Rep. Gorman
DELAWARE STATE SENATE
153rd GENERAL ASSEMBLY
SENATE BILL NO. 293
AN ACT TO AMEND TITLE 14 OF THE DELAWARE CODE RELATING TO CHILD CARE LICENSES FOR YOUTH CAMPS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:
Section 1. Amend § 3002A, Title 14 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows
§ 3002A. Definitions.
For the purpose of this chapter:
(7) “Youth camp” means a child-serving entity that is all of the following:
a. Operating in a space or location that is not otherwise licensed under this chapter.
b. Providing a program of recreational, athletic, educational, or religious instruction or guidance.
c. Taking custody or control of 1 or more school-age children, unattended by the child’s parent or guardian.
d. Operating during 1 of more of the following:
1. The months of May through September for no more than 12 weeks and for 3 or more hours a day.
2. A break in the course of the school year.
Section 2. Amend § 3003A, 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:
§ 3003A. Office of Child Care Licensing; powers.
(c) OCCL may prescribe and enforce, by regulation or otherwise, any reasonable standards for the conduct of child care facilities and shall license child care facilities that conform to
the
these
standards. Regulations promulgated under this chapter must include all of the following:
(1) Any application form required to apply for
licensure
any of the following:
a. Licensure
under this chapter.
b. A license exemption.
(2) The specific requirements to obtain, retain, or renew
a
any of the following:
a. A
license under this chapter.
b. A license exemption, including for all of the following:
1. A youth camp that has a valid permit from the Division of Public Health under § 122(3)g. of Title 16.
2. Programs that offer school-age care, lessons, or classes on a limited basis.
(4) A youth camp license as follows:
a. A youth camp license must require that the youth camp comply with all of the following:
1. The youth camp must have a valid permit from the Division of Public Health under § 122(3)g. of Title 16.
2. The health and safety requirements necessary to qualify for Purchase of Care provider reimbursement, established in collaboration with the Department of Health and Social Services under § 512 of Title 31.
b. If a youth camp is accredited by the American Camp Association through August 30 of the current calendar year, the youth camp is deemed as meeting all of the equivalent requirements
under paragraph (c)(4)a.2. of this section
.
Section 3. This Act is effective immediately and § 3003A(c)(4)b. of Title 14 must be implemented no later than December 31, 2026.
SYNOPSIS
This Act simplifies the licensing requirements for youth camps that are accredited by the American Camp Association (ACA) by requiring that the Department of Education's Office of Child Care Licensing (OCCL) deem a youth camp as meeting all equivalent health and safety requirements necessary for a youth camp license if the youth camp has ACA accreditation through August 30 of the current calendar year. By streamlining the OCCL licensing requirements for youth camps, this Act also increases the availability of summer child care that is eligible for provider reimbursement from the Purchase of Care (POC) program.
Under existing OCCL regulations, a youth camp has the option of applying for either license exempt status or a license. To obtain a license, a youth camp must meet very detailed and specific requirements that are challenging, if not impossible, for many youth camps. ACA accreditation requires that a camp satisfies health and safety requirements that are similar and equivalent, but not identical, to the OCCL license requirements. However, an ACA accredited but license-exempt youth camp is unable to receive POC provider reimbursement because under the state plan for the federal Child Care and Development Fund, license exempt child care providers are not eligible for provider reimbursement.
This Act also codifies the following policies that are in the current OCCL child care licensing regulations:
• A youth camp license and the definition of “youth camp”.
• The requirement that a youth camp must have a valid Division of Public Health permit to be licensed or approved as license exempt.
• The school-age care, programs, and activities that are exempt from child care license requirements.
This Act is effective immediately and § 3003A(c)(4)b. of Title 14 must be implemented no later than December 31, 2026.
This Act also makes technical corrections to conform existing law to the standards of the Delaware Legislative Drafting Manual.
Author: Senator Paradee