New DELACARE: Regulations for FCC & Large FCC

April 23, 2021

Good Afternoon Family and Large Family Providers,

DELACARE: Regulations for Family and Large Family Child Care Homes were changed in January of 2021.  Many of these changes are minor and do not require you to do anything.  The 8 changes that you will want to pay close attention to are shown below and underlined.  Except for the blood lead test, OCCL will monitor compliance with these regulations beginning July 1, 2021. 4.23.21_OCCL_New DELACARE Regulations for FCC & Lg FCC

The changes from the current regulations are as follows:

  • School-age household members, ages five to 12 years of age, not attending school outside of the home, count toward the capacity as preschool-age children (This regulation applies to children who are home-schooled, not school-age household members participating in virtual learning from their school district); 
  • To comply with the Childhood Lead Poisoning Prevention Act, proof of a blood lead test was added as a required component for each child age 12 months and older when enrolled in child care (this regulation will not be enforced until 12/1/21);
  • The radon testing requirements were revised to state that testing must be performed in each room used for child care;
  • Radon testing requirements and mitigation, if necessary were added to the relocation procedures;
  • The provision allowing 15-passenger vans that were leased before 1998 to be used is no longer permitted;
  • Poisonous or aggressive animals may not be kept in rooms used by children; 
  • Juice may not be fed to infants; 
  • A licensee shall ensure activities and materials are adapted to support all children’s learning, including a child with disabilities or other special needs, to benefit from the program;
  • Written evidence of follow-up of any known health condition of the substitute or staff member that pose a direct threat to the health or safety of children and any reasonable accommodations that may be required. affecting or potentially affecting his or her ability to care for children is required to be on file before the staff member returns to work;
  • Due to travel distance that may be required by licensing specialists, the 9 AM delivery deadline for suspension orders was changed to 11 AM;
  • Disputes over noncompliance cited at visits or complaints may be handled via telephone;
  • OCCL moved from the Department of Services for Children, Youth and Their Families to the Department of Education on July 1, 2020. Therefore, the definition of department was changed as well as references to the division director and the division’s role;
  • References to Title 31 were stricken and replaced with Title 14 due to the change in departments;
  • Verbal requests for appeals of warning of probation or probation are permitted and written requests are required for all other appeal requests;
  • Warning of probation may initially last up to six months and may be renewed;
  • Probation may initially last up to one year and may be renewed;
  • Applicants and licensees who have a child or children currently or permanently removed from their custody because of abuse, neglect, or dependency are prohibited from providing child care; and
  • After receiving an eligibility determination, a person who is determined ineligible or prohibited under the DELACARE Regulations – Background Checks for Child Serving Entities, is entitled to an administrative review for reconsideration. If the person requests an administrative review, the licensee and the person shall be bound by the final decision of the administrative review.

If you have any questions regarding these changes, please contact your license specialist.

All the best, 

Kelly McDowell

Resource and Development Administrator 

Delaware’s Office of Child Care Licensing

Phone: 302-222-3319


My Child DE is a user-friendly website that brings together resources to help families, providers and other caretakers make informed choices for the children of Delaware. The goal of My Child DE is to help these groups feel welcome, informed and empowered to engage, learn and take the next steps needed to support children.