Regulations to the Delaware Relative Caregivers' School Authorization Law

BEFORE DELAWARE HEALTH AND SOCIAL SERVICES

IN THE MATTER OF:

FINAL REGULATIONS ON ESTABLISHMENT OF DELEGATION OF POWER OF RELATIVE CAREGIVERS TO CONSENT FOR REGISTERING MINORS FOR SCHOOL
14 Del.C. § 202

1. Definitions for terms used in 14 Del.C. section 202:
   Establishment of Delegation of Power of Relative Caregivers to Consent for Registering Minors for School (also known as Caregivers' School Authorization) (found in subsection (e)(2)(c) of section 202)- An affidavit of written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, and taken by a licensed notary.
2. Proof of relationship and Proof of caregiving: (found in subsection (f)(1) )There must be two different forms of documentation, one from each column. One must show proof of relationship and the other proof of caregiving. These documents, or other similar documents as approved by the school district, must be presented for registration.
   
   

   PROOF OF RELATIONSHIP	PROOF OF CAREGIVING
   Birth certificate of caregiver, the parent, and birth certificate of the child.
   Medical records where a caregiver is required to give approval, such as shots. Such records must show the relationship between the caregiver and the child.	Medical records where a caregiver's authorization to give approval for services such as shots was acceptable.
   A Will which lists the child and the relationship between the caregiver and child.
   Insurance for the caregiver or child which includes the relationship between the caregiver and child.
   A letter from a social worker, lawyer, religious leader, previous school district, licensed medical, mental health or behavioral professionals which verifies the relationship of the child to the caregiver.	A letter from a social worker, lawyer, religious leaders, licensed medical, mental health or behavioral professionals or neighbor confirming the child is being cared for by the caregiver.
   Free and Reduced lunch program application.
   Child is listed as occupant in an apartment or other housing and his/her relationship to the caregiver is included.	Child is listed as occupant in an apartment or other housing and his/her relationship to the caregiver is given.
   Caregiver receives Child-only Temporary Aid for Needy Families (TANF) grant for this child.	Caregiver received Child-only Temporary Aid for Needy Families (TANF) grant for this child.
   Child claimed on Federal Income Tax return.	Child claimed on Federal Income Tax return.
   Caregiver receives Earned Income Tax Credit for the child.	Caregiver receives Earned Income Tax Credit for the child.
   	Child's Social Security survivor death benefits are received by the caregiver for the child.
   Hospital, clinic, Public Health, Medicaid and food stamp records showing the relationship between the caregiver and the child.	Hospital, clinic, Public Health, and Medicaid records where a caregiver's authorization to give approval for services such as shots was acceptable.
   Division of Services for Children, Youth and their Families' records specifying the relationship between the caregiver and child.	Division of Services for Children, Youth and their Families' records showing that the caregiver is the contact for this child.
   Military or veterans records which specify relationship
   Or other documents as approved by the school district.	Or other documents as approved by the school district.

3. Reasonable effort to locate the parent(s), guardian, or custodian of the child shall include option 1, which is required, and a choice of either option 2, 3, 4, or 5.
   1. Certified mail receipt of a written notice from the caregiver that he or she intends to take school responsibility for the child. The notice should be sent to the last known address of the parent(s), custodian, or guardian. Proof of this step will be the notice and the return receipt saying that the letter was not deliverable because no one by that name lives at this address.
   2. The caregiver or someone acting in his or her place makes an actual visit to the last known address of the parent(s), custodian, or guardian. The individual making this visit will need to describe what was found at this address and to whom he or she spoke regarding the missing parent(s), custodian, or guardian.
   3. Contact with social service agencies, place of employment, health care provider, or friends verified by a written statement signed by that party confirming that the location of the parent(s), custodian, or guardian is unknown.
   4. The caregiver places a legal notice in the News Journal and the Delaware State News informing the parent(s), custodian, or guardian of (child's name) ____________________ that the caregiver intends to take educational responsibility of the child. Eight days after publication describe what happened. Include the response you received or the lack of response. Attach a copy of the legal notice, being sure to include the portion of the newspaper with the date the notice was printed.
   5. Other documents or confirmations that show the parent(s), custodian, or guardian cannot be found.
4. Affidavit:
   
   Delaware Health and Social Services will develop the Caregivers' School Authorization form. Anyone who wishes to obtain this form may do so by contacting their local school district office or Delaware Health and Social Services, Division of Services for Aging and Adults with Physical Disabilities (DSAAPD). Only the Caregivers' School Authorization form developed by DSAAPD shall be used.