Delaware Senate Bill 169 Summary

• Transfers oversight of child care licensing from the Department of Services for Children, Youth, and Their Families to the Department of Education, establishing the Office of Child Care Licensing (OCCL) within the Department of Education.

• Expands the definition of "child care" to include early education programs for children below kindergarten operated by public or private schools, while excluding individual foster and adoptive homes placed through state-licensed agencies.

• Increases civil penalties for violations from $100 to $1,000 per violation and increases criminal penalties from $100 fine and 3 months imprisonment to $1,000 fine and 6 months imprisonment.

• Establishes a 7-member Provider Advisory Board composed of family child care home providers and child care center administrators/owners from each county and Wilmington to advise OCCL on regulations and enforcement policies.

• Updates hearing and appeal procedures for license denials and revocations, including expedited timelines and clarification that verbal emergency suspension orders must be followed by written orders within 1 business day.

• Effective January 1, 2023.