Understanding the Facility’s Information

OCCL has created a searchable table of Delaware child care providers. Only Licensed Providers are listed in the search results. Providers currently under a Suspension Order will not be shown nor will any Providers who were previously licensed but do not currently hold an active license. If child care provider is not listed that means they do not have a license to provide care in Delaware.

It is important to note that this search provides only the past five years of compliance history, complaints that were substantiated or had a concern cited, and current enforcement actions. To view more detailed information such as reasons for an enforcement action, previous enforcement actions, and complaints that were unsubstantiated and to see the entire licensing history, schedule a file review at OCCL.

To arrange to review the record of a licensed child care provider contact:

New Castle County
DOE/Office of Child Care Licensing
1825 Faulkland Road, Wilmington, DE 19805
302-892-5800
FAX: 302-633-5112
Kent & Sussex Counties
DOE/Office of Child Care Licensing
821 Silver Lake Boulevard, Suite 103, Dover, DE 19904
302-739-5487 or 1-800-822-2236
FAX: 302-739-6589

Providers with an Enforcement Actions of “warning of probation” or “probation” are noted in red. The specific enforcement action is listed on the individual facility pages directly under “Facility Details”. This information is updated daily. Definitions for warning of probation and probation are contained in the definition section below. Due to limitations of the electronic data, it is not possible to show a chronology of each facility’s previous enforcement actions. However, this information can be made available by scheduling a “file review”.

Definition of Enforcement Actions

Enforcement actions are taken to promote compliance with the licensing regulations when corrective action plans, conferences, technical assistance, or other actions have not resulted in compliance or when it is necessary to take immediate steps to provide protection to children in care. While on warning of probation or probation, OCCL monitors the facility more often to ensure compliance. If the facility fails to become and remain compliant, OCCL will move to heighten the enforcement action and may seek to revoke a license. In cases where the children’s health is in serious or imminent danger, OCCL will suspend the license until the threat no longer exists. These actions are described below.

Enforcement Type

Description

Warning of Probation A warning of probation is intended to alert the facility that it has committed or accumulated sufficient serious violations of licensing regulations which, if not promptly corrected, could lead to a recommendation to place the facility on probation. A warning of probation may remain in effect for a period up to one year even though the violations that led to the warning may have been corrected.
Probation This is imposed when a facility has clearly demonstrated a continual inability to comply with licensing requirements or has committed a serious violation of licensing regulations. Probation is a warning, which directs the licensee to correct all noncompliance and to continue to maintain compliance or else face revocation or denial of the license application. The purpose of probation is to give a licensee a last opportunity to demonstrate its ability and intent to comply with licensing regulations. Probation may be in effect for up to two years.
Suspension Order When OCCL has assessed that a situation constitutes risk to the health, safety, or well-being of children in care, a Suspension Order is issued. Such an Order requires that the facility closes immediately. This action may be as a result of a violation of applicable laws licensing regulations or an allegation of child abuse or neglect. Suspension Orders are intended to prevent facilities from providing care by suspending their license until such time as violations have been corrected, or the investigation of allegations of child abuse and neglect has been completed. Should the investigation determine that significant risk continues to exist, OCCL will move to revoke the license to operate.
Revocation The process of rescinding a license during the effective dates of a license is termed “revocation. This constitutes withdrawal of official permission to operate. The reasons for recommending revocation of a license must be related to a violation of licensing regulations or laws, or a substantiated case of child abuse or neglect. Evidence in the licensing record must substantiate that the facility is unable or unwilling to comply with the regulations.

Definition of Licensing Terms

Licensing Term

Description

Non-Compliance This is any failure to comply with any licensing regulation. Non-compliance may be found through a complaint received by OCCL or during a compliance review conducted by a licensing specialist during an unannounced licensure renewal visit or other monitoring visit. Whenever possible a non-compliance is corrected immediately. A specific date for coming into compliance is issued for each non-compliance.
Complaint

A complaint is an accusation that a licensed facility is not in compliance with the DELACARE licensing regulations. Complaints may be written or oral and may be anonymous. The Office of Child Care Licensing investigates allegations concerning non-compliance with DELACARE Regulations. A complaint is “substantiated” when it is determined, through an investigative process, that there is a preponderance of evidence to support the allegations contained in the complaint.

A complaint may also be “unsubstantiated with concern” or “no evidence with concern.” These findings are made when evidence cannot be found to determine that the allegations contained in the complaint have merit. During the course of the investigation, other issues of non-compliance may be documented. The “concern” would be based on other non-compliance issues noted.

The Institutional Abuse Unit of the Office of Children’s Services conducts investigations into allegations of child abuse or neglect that occur in licensed child care programs. This investigation is coordinated with the Office of Child Care Licensing but the responsibility for these investigations and determinations of any findings is that of the Institutional Abuse Unit.

Agreement of Understanding An Agreement of Understanding (AOU) sets forth the terms under which a provider may continue to provide care when there has been a violation that provides concern should it continue. The AOU sets down specific conditions under which the provider must operate the child care service. This may include but is not limited to excluding persons from residing in a Family Child Care Home or restricting their presence to non-child care hours, prohibiting certain individuals from providing child care, limiting the times during which child care may be provided, or requiring notices of specific events to OCCL.
Corrective Action Plan

A Corrective Action Plan is a written understanding of the non-compliances that need to be corrected and the latest date by which they need to be corrected. This may include other specific actions needed to correct the non-compliance such as specific training sessions that must be attended, repairs that need to be done, or supplying documentation.

Some non-compliances noted in the corrective action plan are corrected before the licensing specialist leaves the child care facility. It is the obligation of the licensee to be in compliance at all times and return to full compliance at the earliest possible time. Consideration of the time allowed to correct a non-compliance is given when the corrective action is not completely within the control of the licensee. Examples of such circumstances include: the availability of training, schedules of inspection agents (e.g.: Fire Marshal), zoning, repairs that need to be completed by outside contractors.