1.0 Authority
29 Del.C. §9020
2.0 Purpose
The purpose of this regulation is to affirm the commitment of the Department of Services for Children, Youth and Their Families (DSCYF) to the protection of children/youth in its care by requiring all employees in a safety, security-sensitive, or childcare position to undergo testing for commonly abused prohibited substances.
28 DE Reg. 675 (03/01/25)
3.0 Applicability
This regulation applies to all employees in a safety, security-sensitive, or childcare position including merit, merit exempt and casual/seasonals as defined by DSCYF policy. If there are any conflicts between this regulation and the merit rules, as set forth in Merit Rule 1.2, the merit rules shall prevail unless superseded by a collective bargaining agreement in accordance with Merit Rule 1.3.
28 DE Reg. 675 (03/01/25)
4.0 Definitions
"Employee" means any person hired by DSCYF and receiving compensation for work performed for DSCYF.
“Incident triggered testing” means any incident involving death or serious injury to a DSCYF employee, DSCYF resident or client, loss or significant damage to DSCYF property, including any accident involving a motor vehicle transporting DSCYF clients or residents, or the escape or runaway of a resident where an employee was involved in the incident.
"Prohibited substance" means drugs and other substances that may affect physical or mental capabilities while working including marijuana, cocaine, alcohol, opiates, phencyclidine, and amphetamines.
“Random testing" means drug testing based upon a random sampling technique of regulated employees. Random testing occurs periodically with an equal chance of selection for all regulated employees.
“Reasonable Suspicion testing” means testing as a result of observing the employee either using, distributing, or possessing a prohibited substance, displaying symptoms of being under the influence of a prohibited substance, or finding prohibited substance or related paraphernalia in the workplace.
"Regulated employees" means any employee or prospective employee accepting job duties involving a safety, security-sensitive, or childcare position. Regulated employees include staff who perform 1 or more of the following duties in their role with DSCYF: carry firearms, administer medication, assess the immediate safety of children including risk of suicide, homicide, or child abuse and neglect, regularly transport children or their families or both as part of their job duties, have responsibility for the direct oversight and supervision of children in facilities and who assess the risk of youth to the safety of the community.
28 DE Reg. 675 (03/01/25)
5.0 Policy
5.1 The department is committed to maintaining a drug free environment through the use of a reasonable suspicion, return to duty, and random drug testing program. DSCYF personnel hold positions of public trust and must not place themselves in a position where client safety may be compromised as a result of an employee's drug use. Such misconduct conflicts with their duties, poses a risk to the safety and security of residents, clients, other employees, and the public and jeopardizes the public's confidence. DSCYF shall conduct its drug testing program in accordance with DSCYF policy.
5.2 All employees are subject to reasonable suspicion and incident-triggered drug testing as outlined in DSCYF policy. Regulated employees included in DSCYF's safety-sensitive classification are subject to random drug testing.
5.3 Employees on initial probation and casual/seasonal employees who have not satisfied the merit comparable initial probation requirement will be terminated if they receive a positive test result without recourse to the grievance procedure.
5.4 Casual/seasonal employees who have satisfied the merit comparable initial probation requirement may enter into an accredited drug abuse assistance or rehabilitation program at their own expense.
5.5 Employees who seek assistance, prior to being randomly selected for testing, may enter into an accredited drug abuse assistance or rehabilitation program. The employee may not return to work until they have complied with the requirements for returning to duty as outlined in DSCYF policy.
15 DE Reg. 1047 (01/01/12)
28 DE Reg. 675 (03/01/25)
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