HB 204

                SPONSOR:
                Rep. Romer & Sen. Poore & Sen. Lockman
                Rep. Lambert
        HOUSE OF REPRESENTATIVES
        153rd GENERAL ASSEMBLY
        HOUSE SUBSTITUTE NO. 1
        FOR
        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) Coordinate with the Department of Children, Youth, and Family Services and appropriate law enforcement entities when a complaint involves suspected child abuse, neglect, or criminal conduct.
        (4) Maintain a centralized, confidential record-keeping system of all complaints, findings, and resolutions.
        (5) Prepare and submit an annual public report summarizing the number and nature of complaints received, the outcomes of investigations, and any resulting enforcement actions. The annual public report must comply with applicable privacy laws and regulations.
        (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 reclassify personnel from within existing Office of Child Care Licensing staff and align salaries with the salary schedule set forth in § 1305 of Title 14. The Department of Education must assign resources to the Child Care Complaint Investigation Unit from within existing Office of Child Care Licensing operational resources.
        Section 3. This Act is effective immediately and is to be implemented no later than 180 days from the date of the Act’s enactment.
        SYNOPSIS
        Like House Bill No. 204, this Substitute establishes a dedicated Child Care Complaint Investigation Unit within the Office of Child Care Licensing, under the Department of Education, to enhance timely, transparent, and accountable responses to complaints involving licensed child care providers.
        This Substitute deletes a duplicative requirement contained in House Bill No. 204 for the Child Care Complaint Investigation Unit, specifies that the Unit must coordinate with the Department of Children, Youth, and Family Services rather than the Division of Family services within that Department, and clarifies that the annual public report prepared by the Unit must comply with applicable privacy laws and regulations.
        This Substitute also requires that, like House Bill No. 204, the Department of Education use existing staff and resources for the Unit, but further specifies that the staff must be reclassified and salaries aligned with the schedule set forth in section 1305 of Title 14.
        This Substitute changes the implementation date contained in House Bill No. 204 from 90 days to 180 days.