The Delaware Department of Labor has updated the Service Letter Form required for childcare and healthcare providers. These updates are designed to enhance protections for vulnerable populations, streamline compliance, and align with legislative requirements as outlined in Senate Bill 295. Below is an overview of the purpose and key changes to the form:

Purpose of the Updates

The updates to the Service Letter Form aim to:

1. Strengthen Protections: Protect children and other vulnerable populations by ensuring thorough vetting of individuals applying for positions in childcare and healthcare facilities.
2. Enhance Employer Guidance: Provide clarity and consistency in the process of obtaining and completing service letters.
3. Support Compliance Enforcement: Assist the Office of Child Care Licensing and the Department of Labor in identifying and addressing violations effectively.

Key Changes in the Updated Form

1. New Required Questions:
   • The updated form asks prior employers whether they have any concerns about the applicant’s suitability for working with children.
   • It also requires disclosure of any instances where the applicant was warned, reprimanded, suspended, or discharged for violations of the Department of Education’s Regulations for Early Care and Education and School-Age Centers.
2. Accountability for Non-Compliance:
   • The Office of Child Care Licensing is now required to report suspected non-compliance with service letter requirements to the Department of Labor for review and possible civil penalties.
   • Only the Department of Labor has the authority to seek civil enforcement for violations.
3. Civil Penalties:
   • Employers who fail to comply with service letter requirements or who provide false or incomplete information may face penalties ranging from $1,000 to $5,000 per violation.
4. Clarified Employer Immunity:
   • Employers providing truthful and accurate information are protected from civil liability, encouraging transparency without fear of legal repercussions.
5. Technical Improvements:
   • The form has been updated to conform to the Delaware Legislative Drafting Manual, ensuring clarity and ease of use.

Access the Updated Form

The revised Service Letter Form is available for download here: Service Letter Form (Fillable PDF)

Next Steps

• Use the New Form Immediately: All childcare and healthcare facilities should transition to the updated Service Letter Form for all new hires.
• Communicate the Updates: Inform HR and hiring teams about the changes to ensure compliance.
• Report Violations: If you encounter instances of non-compliance, notify the Department of Labor for further investigation.

For further details or to report concerns, please contact:

• Phone: (302) 761-8200, Option 3
• Email: wages@delaware.gov
• Website: labor.delaware.gov

Thank you for your attention to these important updates. Your cooperation ensures the safety and well-being of Delaware’s most vulnerable populations.

Best regards,

Dyron Green

Administrator

Office of Wage & Hour Enforcement

Delaware Department of Labor