Does Delaware require background checks for volunteers?

Not for every nonprofit. But 31 Del. C. § 309 requires every child-serving entity — public and charter schools, licensed child care, youth camps and summer schools, DSCYF and its contractors, CCDBG providers and early intervention providers — to obtain a fingerprinted Delaware and FBI check through the State Bureau of Identification and a DSCYF Child Protection Registry check for volunteers with regular direct access, meaning personal, unsupervised contact with children. Since July 1, 2026, 31 Del. C. § 312 does the same for private schools. Volunteer fire departments, DHSS child-serving programs and CASA have their own checks. Churches, community sports and most other programs set their own standard, unless a summer program meets the youth-camp definition.

When did Delaware’s private school background check law take effect?

House Substitute 1 for House Bill 47 became 85 Del. Laws c. 197 when it was approved on September 2, 2025. It took effect July 1, 2026, and private schools had to comply by September 1, 2026. It added 31 Del. C. § 312, which requires fingerprint and Child Protection Registry checks for private-school employees, contractors and volunteers with regular direct access to children, and it repealed the name-based check and parent-notice opt-out that private schools and youth camps had used.

Are volunteers mandated reporters in Delaware?

Yes — every person in Delaware is. Under 16 Del. C. § 903, any person, agency, organization or entity who knows or in good faith suspects child abuse, neglect or human trafficking must report to DSCYF. Since 2023 the statute names no professions. Listed emergencies, such as sexual abuse where the suspected person still has access to the child or a child with a current injury, must be phoned in immediately; other reports may go through DSCYF’s online portal. DSCYF’s Child Abuse and Neglect Report Line is 1-800-292-9582. Civil penalties reach $10,000 for a first violation and $50,000 after that.

Do child care volunteers in Delaware need fingerprints?

In licensed child care centers, volunteers who serve more than five days or 40 hours a year are fingerprinted by the State Police before they begin and complete a comprehensive background check; volunteers below that line need no check but may never be alone with children. Family and large family child care homes recheck adult volunteers every five years. DSCYF decides eligibility.

Do volunteer firefighters in Delaware need a background check?

Yes. Under 16 Del. C. § 6647, as amended on September 19, 2024, membership in a volunteer fire department is decided after a state and federal background check and must be denied or revoked for listed crimes unless the person proves by clear and convincing evidence that membership will not jeopardize public health or safety. Applicants pay no SBI fee, and a denied or revoked member may appeal to the State Fire Prevention Commission within 15 days.

Does a VolunteerBadge check replace a Delaware fingerprint check?

No. A VolunteerBadge check is a consumer report, not a State Police fingerprint submission, so it never counts toward the § 309 or § 312 SBI, FBI and Child Protection Registry check, OCCL child care and youth camp checks, a fire company’s § 6647 check, or the DHSS and CASA checks. Delaware programs use it for roles those laws leave uncovered — church youth groups, community leagues, food and senior programs — and some add it beside a required check, while uncleared volunteers stay supervised.

Free guide · 2026 edition · For Delaware programs under § 309 — and the ones outside it

Regular Direct Access: The Delaware guide to screening volunteers: the § 309 fingerprint and Child Protection Registry check, the bars it sets, private schools under § 312, child care, camps, fire companies and a reporting duty that reaches every person

Delaware never tells nonprofits in general to screen volunteers. It names the places where children are instead — public and private schools, child care, youth camps, state child-welfare programs — and in each one, any volunteer with regular, unsupervised contact with children needs a State Police fingerprint check of Delaware and FBI records plus a DSCYF Child Protection Registry check, with bars fixed by statute. Since July 1, 2026, private schools have no opt-out. Fire companies check their members, and every person in Delaware must report suspected child abuse. Each rule below is tied to its section of the Delaware Code or Administrative Code.

By the VolunteerBadge research team · Sources checked September 12, 2026

Written for Delaware nonprofits sorting volunteers into § 309 roles and everyone else
What “regular direct access” means under § 309 — and the bars the statute sets
Private schools after the opt-out, the five-day child care line, camps and fire companies
A § 903 card with DSCYF’s report line, and a § 309 volunteer acknowledgment

Who Regular Direct Access is for

Executive directors, volunteer coordinators, child care and early-learning directors, camp and summer-school directors, private-school heads, PTA and booster leaders, youth-sports boards, fire company officers, foster-care, mentoring and CASA program managers, and church leaders — anyone who puts volunteers to work in Delaware.

3.7

child victims of abuse or neglect per 1,000 Delaware children in 2024 — 788 children, about half the national rate of 7.2, and down 34.3% since 2020.

ACF, Child Maltreatment 2024

3.74

child deaths from abuse or neglect per 100,000 Delaware children in 2024 — 8 children — against 2.41 nationally.

ACF, Child Maltreatment 2024

32.0%

of Delawareans volunteered through an organization in 2023 — 21st of 50 states, though states within a point are probably within sampling error.

VolunteerBadge calculation from AmeriCorps CEV 2023

Cited to primary sources

Delaware at a glance

No general mandate — but a broad one for children: We found no statute requiring every nonprofit to check volunteers. Every child-serving entity — DSCYF and its contractors, DSCYF residential facilities, public schools and the Department of Education, licensed child care, license-exempt youth camps and summer schools, CCDBG providers and early intervention providers — must check volunteers with regular direct access.; 31 Del. C. § 309(b)(4), (c)
What “regular direct access” means: A covered volunteer has regular “personal, unsupervised contact” with children during assigned duties. The check is a fingerprinted Delaware and FBI check through the State Bureau of Identification plus a DSCYF Child Protection Registry check, which DSCYF processes on the volunteer’s signed release.; 31 Del. C. § 309(a), (b)(7), (b)(17), (c)(1)–(2)
Bars fixed by statute: Felony physical or sexual assault crimes against a child, an impaired adult or an elderly person: a lifetime bar. Against another adult: 10 years. Other violent felonies and misdemeanors against children: 7 years, unless Registry rules set a different period. A volunteer may be placed conditionally while results are pending.; 31 Del. C. § 309(c)(7), (d)(1)–(4)
Penalties for skipping the check: A child-serving entity that fails to comply commits a class A misdemeanor and faces a civil penalty of $1,000 to $5,000 for each violation. Failing to disclose relevant criminal history or Registry information is grounds for immediate removal.; 31 Del. C. § 311(a)–(b), (d)
Private schools since July 1, 2026: Private-school employees, contractors and volunteers with regular direct access need the same fingerprint and Registry check, including at school-run summer schools and youth camps. Enacted by 85 Del. Laws c. 197, approved September 2, 2025; compliance by September 1, 2026. The name-based and parent-opt-out alternatives were repealed.; 31 Del. C. § 312; 85 Del. Laws c. 197, §§ 1–3
Child care and camps: Child care center volunteers above five days or 40 hours a year are fingerprinted before starting; those below may never be alone with children. Family child care homes recheck adult volunteers every five years. Licensed youth camps fingerprint every adult volunteer before starting, and camp volunteers must be at least 16.; 14 DE Admin. Code 933 §§ 25.2.3–25.2.4; 934 § 13.5.7; 938 §§ 28.1–28.2
Volunteer fire companies: Membership is decided after a state and federal background check and must be denied or revoked for listed crimes unless the person proves extraordinary circumstances by clear and convincing evidence. Applicants pay no SBI fee; a denial or revocation may be appealed to the State Fire Prevention Commission within 15 days.; 16 Del. C. § 6647(b)–(c), (f); 84 Del. Laws c. 405
No named professions since 2023: Any person who knows or in good faith suspects child abuse, neglect or human trafficking must report to DSCYF; the statute has named no professions since 2023. Listed emergencies require an immediate phone call. Civil penalties reach $10,000 for a first violation and $50,000 after that. Anyone with reasonable cause to believe an impaired or incapacitated adult needs protective services must report too.; 16 Del. C. §§ 903, 904(a), 914(a); 31 Del. C. § 3910(a)
Clean slate: Since August 1, 2024, the State Bureau of Identification expunges eligible cases every month without a petition, and agencies answer “no record.” A person should not be asked to disclose an expunged case. Offenses against children or vulnerable adults are not eligible for mandatory expungement.; 11 Del. C. §§ 4372(d), (e)(4), 4373(b), 4373A

From the Regular Direct Access executive summary

Six Delaware rules, from § 309 to § 903

1
One statute does most of the work.
Under 31 Del. C. § 309, every child-serving entity — public schools, licensed child care, youth camps, DSCYF and its contractors, CCDBG providers and early intervention — must obtain SBI and FBI fingerprint checks and a DSCYF Child Protection Registry check for volunteers with regular direct access to children.
2
The worst records are barred by statute.
A felony physical or sexual assault crime against a child, an impaired adult or an elderly person bars a volunteer for life; the same against another adult, 10 years; other violent felonies and misdemeanors against children, 7 years. Skipping the checks is a class A misdemeanor and a $1,000–$5,000 civil penalty per violation.
3
Private schools lost their opt-out.
Section 312, enacted as House Substitute 1 for House Bill 47 (85 Del. Laws c. 197, approved September 2, 2025), took effect July 1, 2026, with compliance due September 1, 2026. It repealed the name-based check and the parent-notice opt-out.
4
Child care and camps turn the test into rules.
Child care center volunteers above five days or 40 hours a year are fingerprinted before starting; those below may never be alone with children. Licensed youth camps fingerprint every adult volunteer before they start, and camp volunteers must be at least 16.
5
Fire companies check members, not only applicants.
Since September 19, 2024, membership in a volunteer fire department is decided after a state and federal check and must be denied or revoked for listed crimes, unless the person proves extraordinary circumstances. Applicants pay no SBI fee, and a denial may be appealed within 15 days.
6
Since 2023, no professions are named.
Since July 31, 2023, 16 Del. C. § 903 names no professions: any person who knows or in good faith suspects child abuse, neglect or human trafficking must report to DSCYF — by phone at once in listed emergencies. Civil penalties reach $10,000, then $50,000.

Inside Regular Direct Access, chapter by chapter

01
Delaware in one page: § 309 and what surrounds it
§ 309 in two questions, three Delaware numbers and six rules.
02
Which roles a Delaware statute already covers
Setting by setting: the statute that reaches each role — or the gap where none does.
03
“Regular direct access”: who § 309 reaches
The seven child-serving entities, the definitions, conditional placement and penalties.
04
SBI, FBI and the Child Protection Registry
How the check runs, who decides, who pays and what comes after.
05
The bars Delaware writes into law
The § 309(d) schedule, job-related prohibitions and the federal child care list.
06
Private schools: the end of the opt-out
Section 312, the 2025 act and what it repealed.
07
Child care: the five-day, 40-hour line
DELACARE volunteer thresholds, the comprehensive check and rechecks.
08
Youth camps and summer schools
The calendar-and-clock definition and the licensed-camp rules.
09
Public schools, coaches and mentors
Rule 745, chaperones, § 4401 policies, coaches and DOE mentors.
10
DSCYF, DHSS, foster care, CASA and health care
Two departments’ volunteer checks, and why health care checks stop at employees.
11
Volunteer fire companies: § 6647
The 2024 membership check, the bars, the sworn statement and the appeal.
12
Section 903: a duty with no professions named
Section 903 since 2023, the immediate-call list and adult protection.
13
Records, fundraising and liability
Clean slate expungement, fair chance, solicitation, gaming and § 8133.
14
S.B. 124 to the Background Check Center act
From S.B. 124 in 2023 to the Background Check Center act of May 2026, in date order.
15
No role in § 309, § 312 or § 6647
No role in § 309, § 312 or § 6647 — a place in the roles those sections leave open.
A
Appendix A: § 309, private schools and fire companies
The baseline, § 309, private schools, child care and camps, and fire companies.
B
Appendix B: A reporting card and a volunteer acknowledgment
A § 903 card for volunteers and a § 309 acknowledgment you can adapt.
C
Appendix C: Delaware sources, numbered by first use
Four free VolunteerBadge resources, then every Code section, rule and session law cited, numbered by first use.

Get the free guide

Regular Direct Access: Delaware questions answered

Does Delaware require background checks for volunteers?: Not for every nonprofit. But 31 Del. C. § 309 requires every child-serving entity — public and charter schools, licensed child care, youth camps and summer schools, DSCYF and its contractors, CCDBG providers and early intervention providers — to obtain a fingerprinted Delaware and FBI check through the State Bureau of Identification and a DSCYF Child Protection Registry check for volunteers with regular direct access, meaning personal, unsupervised contact with children. Since July 1, 2026, 31 Del. C. § 312 does the same for private schools. Volunteer fire departments, DHSS child-serving programs and CASA have their own checks. Churches, community sports and most other programs set their own standard, unless a summer program meets the youth-camp definition.
When did Delaware’s private school background check law take effect?: House Substitute 1 for House Bill 47 became 85 Del. Laws c. 197 when it was approved on September 2, 2025. It took effect July 1, 2026, and private schools had to comply by September 1, 2026. It added 31 Del. C. § 312, which requires fingerprint and Child Protection Registry checks for private-school employees, contractors and volunteers with regular direct access to children, and it repealed the name-based check and parent-notice opt-out that private schools and youth camps had used.
Are volunteers mandated reporters in Delaware?: Yes — every person in Delaware is. Under 16 Del. C. § 903, any person, agency, organization or entity who knows or in good faith suspects child abuse, neglect or human trafficking must report to DSCYF. Since 2023 the statute names no professions. Listed emergencies, such as sexual abuse where the suspected person still has access to the child or a child with a current injury, must be phoned in immediately; other reports may go through DSCYF’s online portal. DSCYF’s Child Abuse and Neglect Report Line is 1-800-292-9582. Civil penalties reach $10,000 for a first violation and $50,000 after that.
Do child care volunteers in Delaware need fingerprints?: In licensed child care centers, volunteers who serve more than five days or 40 hours a year are fingerprinted by the State Police before they begin and complete a comprehensive background check; volunteers below that line need no check but may never be alone with children. Family and large family child care homes recheck adult volunteers every five years. DSCYF decides eligibility.
Do volunteer firefighters in Delaware need a background check?: Yes. Under 16 Del. C. § 6647, as amended on September 19, 2024, membership in a volunteer fire department is decided after a state and federal background check and must be denied or revoked for listed crimes unless the person proves by clear and convincing evidence that membership will not jeopardize public health or safety. Applicants pay no SBI fee, and a denied or revoked member may appeal to the State Fire Prevention Commission within 15 days.
Does a VolunteerBadge check replace a Delaware fingerprint check?: No. A VolunteerBadge check is a consumer report, not a State Police fingerprint submission, so it never counts toward the § 309 or § 312 SBI, FBI and Child Protection Registry check, OCCL child care and youth camp checks, a fire company’s § 6647 check, or the DHSS and CASA checks. Delaware programs use it for roles those laws leave uncovered — church youth groups, community leagues, food and senior programs — and some add it beside a required check, while uncleared volunteers stay supervised.

Beyond Regular Direct Access

The Delaware sources behind Regular Direct Access

Checked September 12, 2026. The guide cites each one where it is used.

General information, not legal advice. Laws and agency practice change. Confirm anything you rely on with the agencies named here, your licensor, your insurer or qualified counsel. Spot an error? Tell us and we will fix it.

VolunteerBadge is owned and operated by ScreenForge Labs, LLC, an FCRA-regulated Consumer Reporting Agency that has obtained its FCRA Certificate from the Consumer Data Industry Association (CDIA). This guide is general educational information and is not legal advice. Laws change; this guide's sources were checked as of September 12, 2026.