title-78•Title 78 W. Va. C.S.R.
Human Services Human Services
Series 01 Child Care Centers Licensing
W. Va. Code R. § 78-1-1 General
1.1. Scope. -- This rule establishes standards and procedures for the licensure of child care centers under the provisions of W. Va. Code §49-2-101, et seq., and related federal and state code.
1.2. Authority. -- W. Va. Code §49-2-121.
1.3. Filing Date. -- March 30, 2023
1.4. Effective Date. -- April 1, 2023.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2028.
1.6. Purpose. -- This rule governs the regulation of child care centers in West Virginia.
W. Va. Code R. § 78-1-2 Application and Enforcement
2.1. Application. This rule applies to any facility maintained by the state or any county or municipality of the state, or any agency or facility operated by an individual, firm, corporation, association, or organization, public or private, for the care of 13 or more children for child care services in any setting if the facility is open for more than 30 days per year per child.
2.2. Enforcement. This rule is enforced by the Secretary of the Department of Health and Human Resources.
W. Va. Code R. § 78-1-3 Definitions
3.1. Adequate Supervision. -- The observation, oversight, and guidance of the individual child or groups of children, by the staff member taking responsibility for the ongoing activity of each child or group of children so that the staff member is close enough to intervene, if necessary, to protect the child from harm. Adequate supervision requires the staff member’s physical presence, knowledge of the child’s program of activities, individual needs, habits, interests, and special problems, if any, and the acceptance of accountability for the child’s or groups of children’s care.
3.2. Approved Training. -- Training or professional development that has been approved by the Secretary.
3.3. Approved Training Source. -- A training provider that has been approved by the Secretary.
3.4. Authorization and Release for Protective Services Record Check. - A document provided by the Department, signed by a center’s prospective staff member or employee, granting permission to conduct a search of Department records related to his or her involvement in child or adult abuse and neglect allegations or other investigations documented by the Secretary.
3.5. Certificate of Approval. -- A written certificate issued by the Secretary stating that a child care center operated by the state meets requirements in accordance with the terms and conditions of the certificate and this rule.
3.6. CDA (Child Development Associate) Credential. -- The national early childhood credential administered by the Council for Early Childhood Professional Recognition.
3.7. Child. -- For the purpose of this rule, an individual who is less than 13 years of age.
3.8. Child Abuse and Neglect. -- Physical injury, mental or emotional injury, sexual abuse, sexual exploitation, the sale or the attempted sale or negligent treatment or maltreatment of a child by a parent, guardian, or custodian responsible for the child’s welfare, under circumstances which harm or threaten the health and welfare of the child.
3.9. Child Care Center. -- A facility maintained by the state or any county or municipality thereof, or any agency or facility operated by an individual, firm, corporation, association, or organization, public or private, for the care of 13 or more children for child care services in any setting, if the facility is open for more than 30 days per year per child, except:
3.9.a. A kindergarten through grade twelve education program, that is operated by a public school or that is exempt from the compulsory school attendance law by the state department of education;
3.9.b. A West Virginia Pre-K classroom operated by a county Board of Education in a public-school setting;
3.9.c. Any other kindergarten, preschool or school program that operates with sessions not exceeding four hours per day for any child;
3.9.d. An individual or facility that offers occasional care of children for brief periods while parents are shopping, engaging in recreational activities, attending religious services, or engaging in other business or personal affairs;
3.9.e. Hospitals or other medical facilities that are primarily used for temporary care of children for treatment, convalescence, or testing; and
3.9.f. Persons providing care solely for children related to them.
3.10. Continuous Supervision. -- The availability and responsibility of a staff member to assist with child care at all times.
3.11. Core Knowledge and Core Competencies of Early Childhood Educators. -- The sets of observable skills and knowledge that represent common standards of satisfactory practice in the early childhood field in the state of West Virginia.
3.12. Criminal History Background Check. -- A review of information pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., 69CSR10, and an examination of protective service records to determine eligibility for employment or participation under this rule.
3.13. Day Camp. -- A school-age program that is operated when school is not in session, for no more than 12 hours per day and is not primarily outdoor based.
3.14. Designated Activity Area. -- Room divisions within the center that define limits and reduce distractions. These divisions shall include a temporary wall or physical barrier that is at least three feet in height.
3.15. Direct Supervision. -- When a qualified staff member is physically present in the same room, area, or vehicle with the child or group of children, visually monitoring the interactions of the children.
3.16. Disinfect. -- Eliminate virtually all germs from an inanimate surface through the use of chemicals or heat.
3.17. Driver. -- A staff member who transports center children more than three times per week or a staff member whose job function is to transport children served by the child care center.
3.18. Early Care and Education Field. -- An area of study that relates to child development, early childhood from birth to eight years of age, child and family studies, early childhood special education or other early childhood fields.
3.19. Evening Care. -- Care provided after seven o’clock in the evening to a child who does not stay overnight.
3.20. Field Trip. -- An excursion or special outing away from the site where program activities regularly occur.
3.21. Full-time Director. -- A director who is present at the center for a minimum of one-half of the hours the center is in operation during a seven-day period, or 35 hours during the same seven-day period, whichever is less.
3.22. GED. -- A certificate verifying passage of a test of General Educational Development recognized as equivalent to a high school diploma.
3.23. Governing Body. -- The individual owner of the center or the group of persons that have the administrative control and legal authority to set policy and oversee operations of a child care center.
3.24. Group. -- A specific number of children, distinct from the larger population of children, who regularly meet together and interact with each other and with one or more specific staff members, in an assigned space. The size of the group and required number of staff are determined by the staff-to-child ratio set out in this rule.
3.25. Immediate Area. -- Within reach, easily accessible and in the same room.
3.26. Infant. -- A child between the age of six weeks and the age of ambulation and walking, usually through 12 months.
3.27. Level I Field Trip. -- An excursion or outing to a destination that is 30 minutes or less from the center or from the site where program activities regularly occur.
3.28. Level I Water Activity. -- Any activity occurring in or near water 18 inches deep or less.
3.29. Level II Field Trip. -- An excursion or outing to a destination that is more than 30 minutes from the center or from the site where program activities regularly occur.
3.30. Level II Water Activity. -- Any activity occurring in or near water with a depth of more than 18 inches.
3.31. License. -- A written certificate issued by the Secretary authorizing a person, corporation, partnership, voluntary association, municipality, county, or any agency thereof, to operate a child care center in accordance with the terms and conditions of the license and this rule.
3.32. Licensed Capacity. -- The maximum number of children permitted in a center.
3.33. Licensed Health Care Provider. -- For the purpose of this rule, an individual who holds a license to practice in West Virginia as a physician, doctor of medicine or (MD), doctor of osteopathy (DO) or, physician’s assistant (PA), chiropractor or nurse practitioner.
3.34. Licensee. -- The holder of a license or certificate of approval obtained from the Secretary to operate a child care center in West Virginia.
3.35. Medical Plan of Care. -- A document that provides specific health care information, including any medications, procedures, precautions, or adaptations to diet or environment that may be needed to care for a child with chronic medical conditions or special health care needs. Medical plans of care also describe signs and symptoms of impending illness and outline the response needed to those signs and symptoms.
3.36. Medication Error. -- An error caused by either:
3.36.a. Failure to administer a dose of medication; or
3.36.b. The administration of a medication:
3.36.b.1. To the incorrect child;
3.36.b.2. In the incorrect dosage;
3.36.b.3. At the incorrect time, other than within 30 minutes before or after the scheduled time;
3.36.b.4. In the incorrect form;
3.36.b.5. By the incorrect method or route; or
3.36.b.6. That is incorrect itself.
3.37. Moderate to Vigorous Physical Activity. -- Levels of activity that are conducted at varying intensities. Moderate physical activity is faster than a slow walk, but still allows children to talk easily It increases the heart rate and breathing rate. Vigorous physical activity is rhythmic, repetitive physical movement that uses large muscle groups, causing children to breathe rapidly and only enabling them to speak in short phrases. Typically, children’s heart rates are substantially increased, and they are likely to be sweating. Toddlers and preschoolers generally accumulate vigorous physical activity over the course of the day in very short bursts, usually 15 to 30 seconds.
3.38. Multifunction school activity bus. -- Any vehicle operated by the center that can carry 11 or more passengers meeting the federal motor safety standards applicable to school buses with some exclusions regarding traffic control devices.
3.39. Night Time Care. -- Care provided to the child who stays during nighttime hours or overnight, which may include the time usually designated as sleep time.
3.40. Out-of-school Time Program. -- A program that offers activities to children before and after school, on school holidays, when school is closed because of an emergency, and on school calendar days set aside for teacher activities.
3.41. Parent. -- The biological or adoptive parent or parents of a child, a person or persons, or the Department, who has legal custody of a child, or the lawful guardian of a child.
3.42. Person-in-Charge. -- The qualified staff member with responsibility for the daily operation of the center at any specific time.
3.43. Plan of Correction. -- A written agreement between the Department and a center, approved prior to implementation, that outlines the steps the center shall take to correct deficiencies identified by the Secretary through an inspection or the investigation of a complaint.
3.44. Practicum Contact Hour. -- A period of supervised experience recognized for credit toward a credential by an educational institution or similar organization.
3.45. Pre-service Training. -- Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre-Service training modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDs), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance).
3.46. Professional Development. -- A continuum of learning and support opportunities designed to prepare individuals for work with and on behalf of young children and their families, as well as opportunities that provide ongoing experiences to enhance this work. Professional development programs encompass both education and training programs.
3.47. Qualified Staff. -- A staff member who has a high school diploma or GED and meets the requirements under this rule for the position of director, assistant director, lead teacher, teacher, assistant teacher, or teaching assistant.
3.48. Registered Apprenticeship Certificate for Child Development Specialist. -- A nationally recognized credential awarded by the United States Department of Labor for the successful completion of a combination of classroom and on-the-job training.
3.49. Related Field. -- As approved by the Secretary, an area of study that includes credit hours associated with the early child care and education field, including elementary education, social work, recreation and leisure studies, nursing, counseling, psychology, and administration related to the care and education of the child from birth through 12 years of age.
3.50. Relevant Work Experience. -- Work that is directly with or on behalf of children from birth through 12 years of age, and their families in areas of supervision, leadership, or management; program coordination, development, or regulation; training, instruction, or technical assistance; or evaluation or research. Private or family child care is considered relevant work experience only if the care was regulated care and can be verified.
3.51. Responsible Person. -- A parent, center staff member, or other person designated by the parent in written information to drop off or pick up the child.
3.52. Sanitize. -- Destroy pathogens on food contact surfaces, such as utensils, cups, and glasses through the use of processes involving chemicals or heat that do not pose a threat to food safety.
3.53. Secretary. -- The Secretary of the Department of Health and Human Resources or his or her designee.
3.54. School -Age Child. -- A person who is between five and 13 years of age and is eligible to attend school or is enrolled in grades K-12.
3.55. School-Age Program. -- Services provided by a center for the care and supervision for school-age children. These programs include summer recreation camps, day camps and out-of-school time programs.
3.56. Screen Media. -- Forms of communication or entertainment viewed on a screen such as televisions, computer monitors, digital gaming equipment, etc.
3.57. Self-disclosure Application and Consent form. -- A signed declaration of criminal convictions, indictments, and court ordered supervision, and authorization to allow a criminal history background check.
3.58. Serious Injury. – An injury sustained while the child is in care that requires medical care beyond immediate first aid.
3.59. Serious Occurrence. -- An event that either harms or could potentially harm a child or compromises the operation of the center. It may include:
3.59.a. A child who dies while in care;
3.59.b. A child who is injured while in care to the extent that the child requires medical care beyond immediate first aid;
3.59.c. A diagnosed reportable communicable disease that is introduced in the center;
3.59.d. A medication error that occurs;
3.59.e. A legal action involving or affecting the operation of the center;
3.59.f. A serious violation of a licensing requirement, such as use of physical punishment or failure to supervise; or
3.59.g. A report given to Child Protective Services of suspected abuse or neglect of a child at the center.
3.60. Special Activities. -- Potentially dangerous organized recreation that require special technical skills, safety equipment, safety regulations, or involve fire or heat-producing equipment. These include, but are not limited to, Level II water activities, archery, gymnastics, karate, horseback riding, bicycling, rock climbing, spelunking, hiking, and cookouts.
3.61. Staff Member. -- Any center personnel, including substitutes and student interns, whether or not he or she receives compensation.
3.62. Staff-to-Child Ratio. -- A relationship which describes the number of children that one qualified staff member or substitute is permitted to supervise. The number varies according to the ages and developmental levels of the children and the types of activities in which they are participating.
3.63. Substitute. -- An individual who is present at the center to maintain the staff-to-child ratio when a qualified staff member is absent.
3.64. Summer Recreation Camp. -- A school age program that operates during the summer months, whose program orientation is primarily recreational, and of which 80 percent of the program occurs outdoors.
3.65. Support Staff. -- Staff who carry out duties not regularly involving the supervision of children.
3.66. Teen Aide. -- An individual who is between 13 and 18 years of age who works with or without compensation under the direct supervision of a qualified staff member who has a minimum of the qualifications of an assistant director or lead teacher.
3.67. Time-Out. -- A positive behavioral support strategy to help children change their undesired behavior and help teach a desired replacement behavior. The time-out period is the length of time when the child is removed from regular activities as a consequence for specific behavior.
3.68. Toddler. -- A child between ambulation/walking to 24 months of age.
3.69. Training. -- Instruction provided that is designed to impart knowledge or skills.
3.70. Type I Center. -- A child care center with a capacity of 30 or fewer children.
3.71. Type II Center. -- A child care center with a capacity of 31 to 60 children.
3.72. Type III Center. -- A child care center with a capacity of 61 or more children.
3.73. Universal Precautions. -- Procedures to be followed for infection control in all situations to prevent the transmission of blood borne germs that may be spread through blood or body fluids that might contain blood.
3.74. Use Zone. -- The surface under and around a piece of equipment onto which the child falling from or exiting from that the equipment is expected to land.
3.75. Variance. -- A written declaration by the Secretary that a certain requirement of this rule may be satisfied in a manner different from that set forth in the rule.
3.76. Volunteer. -- An individual who provides a direct service to the center for two or more hours a week on a scheduled basis, without compensation, and is 18 years of age or older; provided, that a parent of an enrolled child working directly with his or her own child is not considered a volunteer under this rule.
3.77. Waiver. -- A written declaration by the Secretary that a certain requirement of this rule may be treated as inapplicable in a particular circumstance.
3.78. West Virginia Training Certificate in Early Care and Education (WVTCECE). -- A certificate for completing 120 hours of training in the core competencies of early childhood education awarded through the WV STARS Professional Development System.
3.79. WV STARS. -- West Virginia State Training and Registry System.
W. Va. Code R. § 78-1-4 Licensing Information and Provisions
4.1. Requirements for a License or Certificate of Approval.
4.1.a. Before establishing or operating a child care center:
4.1.a.1. A center operator and each member of the governing body shall verify in writing that he or she has read this rule and is responsible for compliance with its requirements;
4.1.a.2. A child care center, other than one operated by the state, shall obtain a license from the Secretary; and
4.1.a.3. A child care center operated by the state shall obtain a certificate of approval from the Secretary.
4.1.b. A license or certificate of approval is valid for up to two years from the date of issuance, as determined by the Secretary, unless revoked or modified to provisional status.
4.1.c. A license or certificate of approval is valid only for the center and its location named in the application and is not transferable.
4.1.d. A licensee shall post the license or certificate of approval in a conspicuous place in the center.
4.1.e. If the ownership of a center changes, the new owner shall apply for a license and shall not operate until an initial license is issued.
4.1.f. Before the location of a center changes, the licensee shall:
4.1.f.1. Inform the Secretary of the planned change at least 60 days prior to the relocation; and
4.1.f.2. Apply for a new license or certificate of approval and shall not operate at the new location until an initial license or certificate of approval is issued.
4.2. Application for a License or Certificate of Approval.
4.2.a. For each center to be licensed or approved, an applicant shall submit a completed application as prescribed by the Secretary. An application may be obtained by requesting one from the Division of Early Care and Education within the Department; contact information is located at www.dhhr.wv.gov/bcf.
4.2.b. An incomplete application shall be considered withdrawn if not completed within 90 days of submission.
4.2.c. A licensee shall submit an application for renewal of a license or certificate of approval to the Secretary not less than 60 days prior to the expiration of the current license.
4.3. Waivers and Variances.
4.3.a. A center shall comply with the provisions of W. Va. Code §49-2-101 et seq., the requirements of this rule, terms of its license or certificate of approval and any plan of correction, unless a written waiver or variance has been granted by the Secretary. A center may not obtain a waiver of the requirements of this rule on the basis of the inability to achieve compliance with the rule.
4.3.b. A request for a variance or waiver shall be submitted to the Secretary in writing. The request shall include:
4.3.b.1. The specific requirement of this rule requested to be waived or varied; and
4.3.b.2. The reason or reasons for seeking a waiver or variance.
4.3.c. A waiver or variance of a specific provision of this rule may be granted by the Secretary only if the following criteria are met:
4.3.c.1. The center has documented and demonstrated that the provision of the rule is inapplicable in a particular circumstance, or that the center complies with the intent of the provision in the rule in a manner not permitted by the rule;
4.3.c.2. The health, safety, and well-being of a child is not endangered; and
4.3.c.3. The waiver or variance agreement contains provisions for a regular review of the waiver or variance.
4.3.d. The waiver or variance agreement is subject to immediate cancellation if a center fails to comply with the stated terms of this rule.
4.4. Amendment of a License or Certificate of Approval.
4.4.a. A current licensee shall apply for an amendment of a license or certificate of approval when:
4.4.a.1. Implementing an additional program or changing a program described in the statement of purpose; or
4.4.a.2. Seeking to change the licensed capacity of the center.
4.4.b. In addition to a completed application requesting an amendment, a licensee shall submit to the Secretary in writing any of the following that apply to the change:
4.4.b.1. A copy of the center’s revised statement of purpose as described in subsection 6.2. of this rule;
4.4.b.2. The qualifications of the director and staff members;
4.4.b.3. A copy of the center’s revised plan for meeting program requirements and staff-to-child ratios;
4.4.b.4. A floor plan reflecting changes to the structure being used by a child care center;
4.4.b.5. A positive inspection report from the State Fire Marshal following any changes to the center’s operation and premises;
4.4.b.6. A positive inspection from the county Department of Health, including the Department of Health Child Care Center Inspection Report and the Department of Health Inspection Report for Food Service Establishments;
4.4.b.7. Written menus developed by a dietician or nutritionist, or proof of participation in the Child and Adult Care Food Program administered by the Office of Child Nutrition in the Department of Education; and
4.4.b.8. A Pest Management Report as required by the West Virginia Department of Agriculture.
4.5. The Secretary may issue the following types of licenses or approvals:
4.5.a. An initial six-month license or certificate of approval for applicants establishing a new service;
4.5.b. A regular or renewal license for a period of up to two years for a licensee in compliance with this rule; and,
4.5.c. A provisional license for a licensee not in full compliance with this rule but does not pose a significant risk to children.
4.6. Conditions of a License or Certificate of Approval. As a condition of issuing a license or a certificate of approval the Secretary may:
4.6.a. Limit the age, problems, type of behaviors, or physical or mental conditions of children allowed admission to a particular center;
4.6.b. Prohibit intake of any children; and,
4.6.c. Reduce the number of children that the center is licensed to receive.
4.7. Denial or Revocation of a License or Certificate of Approval.
4.7.a. The Secretary may deny, refuse to renew, or revoke a license or certificate of approval if the center materially violates any provisions of West Virginia Code, violates any terms or conditions of the license or certificate of approval, or fails to maintain established requirements of child care.
4.7.b. When the Secretary denies, refuses to renew, or revokes a license or certificate of approval, the licensee shall not operate the center without a court order pending administrative or judicial review.
4.8. Closing of Center by the Secretary.
4.8.a. If the Secretary finds that the operation of a child care center constitutes an immediate danger of serious harm to the children served by the center, the Secretary shall issue an order of closure terminating the operation of the center.
4.8.b. A center ordered closed by the Secretary may not operate pending administrative or judicial review without a court order.
4.9. Administrative and Judicial Review.
4.9.a. Administrative and judicial review are subject to the provisions of W. Va. Code §29A-5-1 et seq.
4.9.b. A decision issued by the Secretary may be made effective from the date of issuance. Immediate relief may be obtained upon a showing of good cause made by a verified petition to the Circuit Court of Kanawha County or the circuit court of any county where the affected center is located.
4.9.c. The pendency of administrative or judicial review shall not prevent the Secretary from obtaining injunctive relief pursuant to the W. Va. Code §49-2-105.
W. Va. Code R. § 78-1-5 Inspection and Investigation
5.1. An applicant or licensee shall permit the Secretary access to the center to conduct announced and unannounced inspections of all aspects of the center’s operation and premises.
5.2. A licensee shall provide all information requested by the Secretary.
5.3. When an inspection or complaint investigation finds non-compliance with this rule, the Secretary may require a plan of correction.
5.4. The Secretary may request the licensee to submit the results of a health examination, psychological examination, or drug and alcohol screening result on the licensee or any personnel of the center if good cause is found during an inspection or investigation.
W. Va. Code R. § 78-1-6 Governance
6.1. Administrative Structure.
6.1.a. General. The Licensee is legally accountable for the operation of the center and shall ensure the program’s compliance with the provisions of W. Va. Code §49-2-101 et seq. and the requirements of this rule. The Licensee shall:
6.1.a.1. Implement a statement of purpose as described in this rule; and
6.1.a.2. Develop policies and procedures to be kept in an administrative manual as described in this section to guide the operation of the center.
6.1.b. A center shall have a governing body to ensure that the responsibilities of the licensee are carried out.
6.1.b.1. The governing body shall have at least one parent of a child currently served by the center, or when no parent is available for the governing body, a parent advisory committee shall be established as described in this section.
6.1.b.2. No staff member, staff family member, or employee of a public agency that regulates or makes eligibility decisions for the center may serve, but the director may be an ex-officio non-voting member.
6.1.b.3. The governing body shall meet at least four times in a twelve-month period and preserve in writing the minutes of each meeting, including but not limited to, the meeting’s date and time, members in attendance, issues considered, and decisions made.
6.1.b.4. The governing body shall appoint a full-time director to manage the daily operations at each site where a center operates; submit the director’s qualifications in writing for approval by the Secretary prior to employment; conduct an annual evaluation of the director; and, oversee any necessary action regarding the director’s job performance.
6.1.c. An unincorporated, individual licensee (owner) may act as the governing body. In addition to the requirements listed in paragraph 6.1.b.4., the owner shall appoint a parent advisory committee comprised of parents of children currently served by the center that meets at least four times in a 12-month period.
6.2. Statement of Purpose.
6.2.a. An applicant or licensee shall ensure that each center has a written statement of purpose that includes:
6.2.a.1. The type of care and programs offered by the center;
6.2.a.2. The goals and objectives for each of the offered programs;
6.2.a.3. The ages of the children served;
6.2.a.4. The scheduled days and hours of operations;
6.2.a.5. The admission and discharge policies; and,
6.2.a.6. The provisions made by the applicant or licensee to ensure safety and reduce risk of harm.
6.2.b. An applicant or licensee shall ensure that the statement of purpose is:
6.2.b.1. Available to staff members and parents at all times; and,
6.2.b.2. Reviewed with all staff members whenever changes are made.
6.3. Administrative Manual.
6.3.a. An applicant or licensee shall ensure that each center has an administrative manual that includes the center’s policies and procedures with the dates they were implemented or revised, regarding:
6.3.a.1. Confidentiality and information disclosure and secure disposition of records;
6.3.a.2. Admission and discharge;
6.3.a.3. Personnel:
6.3.a.3.A. Employment;
6.3.a.3.B. Termination;
6.3.a.3.C. Use of uncompensated personnel;
6.3.a.3.D. Criminal background checks and substantiated abuse or neglect findings;
6.3.a.3.E. Compensation, including a statement of coverage or exemption from coverage of Workers Compensation and Unemployment Compensation;
6.3.a.3.F. Circumstances under which the center reserves the right to require drug and alcohol screening for drivers, other staff, and volunteers; and
6.3.a.3.G. Periodic performance evaluations;
6.3.a.4. Behavior management including, a description of methods used for positive guidance, when the use of time-out or other behavior consequences are to be communicated to the parent and what process the center uses to determine and develop behavior management plans;
6.3.a.5. Reporting of abuse;
6.3.a.6. Health policies for staff and children, addressing at a minimum the health requirements of this rule;
6.3.a.7. Attendance;
6.3.a.8. Emergencies;
6.3.a.9. Transportation; and,
6.3.a.10. Grievance procedures.
6.3.b. An applicant or licensee shall ensure that the administrative manual is:
6.3.b.1. Available to staff members at all times; and,
6.3.b.2. Reviewed with all staff members when changes are made.
6.4. Standards of Ethical Conduct. A center shall not misrepresent or operate a program in any way that is misleading, deceptive, or illegal.
6.5. Grievance Procedure. A center shall develop and implement a written grievance procedure for families and employees. The procedure shall be written in clear and simple language and shall include at least the following provisions:
6.5.a. A center shall ensure that families and employees can express concerns or make complaints without fear of retaliation; and.
6.5.b. The center shall explain the procedure to parents and employees and obtain written acknowledgment that an explanation of the procedure has been provided.
6.6. Records and Information Disclosure.
6.6.a. Records. A center shall maintain the confidentiality of all records, including:
6.6.a.1. Child records according to the following guidelines:
6.6.a.1.A. A center where the child is currently enrolled shall keep the child’s records on the premises and have a procedure for the maintenance, security, and disposition of records;
6.6.a.1.B. A center shall store and secure records against loss, tampering, or unauthorized use and establish procedures restricting access to records and unauthorized use under the provisions of W. Va. Code §61-3C-1 et seq.; and,
6.6.a.1.C. A center shall retain records for a minimum of three years following the child’s discharge.
6.6.a.2. Staff records according to the following guidelines:
6.6.a.2.A. A center shall keep all current staff records on file on the premises and have a procedure for the maintenance, security, and disposition of records;
6.6.a.2.B. A center that operates at more than one site shall keep current staff members’ emergency medical information on file at each location where a staff member is employed and at a central location; and,
6.6.a.2.C. A center that operates at more than one site may keep all staff records at a central location as long as the central location is in West Virginia.
6.6.b. Information Disclosure.
6.6.b.1. A center shall keep all information about the child confidential and shall only disclose it to staff members caring for the child in accordance with the center’s policies and procedures.
6.6.b.2. A center shall obtain the written consent of the child’s parent before disclosing information about the child except when disclosing information to the Secretary or his or her designee.
W. Va. Code R. § 78-1-7 The Child and Family
7.1. Admission, Discharge, Basic Rights, and Records.
7.1.a. A center shall develop, implement, and maintain an admission policy and procedure ensuring that prior to the admission of the child to the center:
7.1.a.1. The parent completes and submits an application for child care services;
7.1.a.2. The director or designated staff member documents in the child’s file, a meeting with the parent to exchange information about the center’s programs and the specific needs of the child, including information about any individual characteristics and personality factors that may influence the child’s behavior and well-being at the center, and any special family considerations that are relevant to child care;
7.1.a.3. The center provides to the parent a copy of its statement of purpose and discusses it with the parent;
7.1.a.4. The center provides information about its liability insurance coverage, including information regarding coverage or non-coverage of accidents or injuries; and,
7.1.a.5. The center informs the parent of the details of the agreements to be signed by the parent, including, but not limited to, an agreement that:
7.1.a.5.A. The center prohibits corporal punishment on its premises and during off-site center activities while the child is participating;
7.1.a.5.B. The parent has access to the center when his or her child is in attendance; and,
7.1.a.5.C. The parent has received and discussed a copy of the center’s policies on:
7.1.a.5.C.1. Behavior management and the reporting of child abuse and neglect;
7.1.a.5.C.2. Immunization, parental objections to treatment, the dismissal and re-admittance to the center of the child with a communicable illness, procedures for notifying the child’s parent in advance of its policies on the exclusion and re-admittance of ill children, procedures for informing the parent of each child of the exclusion policy, and medication administration;
7.1.a.5.C.3. Confidentiality and information disclosure;
7.1.a.5.C.4. Meal and nutrition policy;
7.1.a.5.C.5. Emergency evacuation and sheltering procedures; and
7.1.a.5.C.6. Discharge policies.
7.1.b. The center shall ensure the parent has access to a copy of this rule;
7.1.c. The center shall inform the parent of its requirements for signed permission prior to the child’s participation in field trips, water activities and other special activities; and,
7.1.d. The center shall inform the parent of his or her right to report to the Secretary any complaints related to compliance with the provisions of W. Va. Code §49-2-101 et seq. and the requirements of this rule.
7.2. Discharge Policies. A center shall develop, implement, and maintain policies and procedures, including criteria, for a child’s discharge from the center:
7.2.a. When the parent withdraws the child from a center;
7.2.b. When a center asks a parent to remove his or her child; and
7.2.c. When a center informs the parent in advance of the request for discharge, except in cases of emergencies or investigations related to child abuse and neglect.
7.3. Basic Rights. A center shall ensure that the child and the child’s family have equal access to programs regardless of race, religion, ethnicity, gender, ability, or sexual orientation.
7.4. Information About Child. For each child enrolled at a center, the center shall maintain a file in one central location that includes the following current information:
7.4.a. The child’s name, address, gender, and date of birth;
7.4.b. The name of the child’s parent, and the parent’s home and work telephone numbers and addresses;
7.4.c. The name, physical address, and telephone number of at least one additional individual who can assume responsibility if the center cannot locate the parent;
7.4.d. The names, addresses, and telephone numbers of the child’s sources of primary medical care and emergency medical care;
7.4.e. The child’s health insurance coverage and policy number;
7.4.f. A signed permission from the parent for emergency medical treatment and transportation;
7.4.g. A signed permission to release the child to someone other than the parent, with the names, addresses, and telephone numbers of the one person or several persons permitted to take the child from the center;
7.4.h. Information and special instructions from the child’s parent or licensed health care provider about any special dietary or other needs because of a medical or other reason;
7.4.i. A signed permission from the parent to take photographs or make audio or video, or both, recording of the child;
7.4.j. Legal verification of custody when one parent is the sole legal guardian of the child by virtue of a court proceeding;
7.4.k. Health records as described in subsections 15.1. and 15.2. of this rule;
7.4.l. The dates of enrollment and discharge;
7.4.m. Scheduled days and hours of attendance; and,
7.4.n. The name and telephone number of the school-age child’s school.
7.5. Information for emergency purposes. A center shall keep two copies of the information in subdivisions 7.4.a. through 7.4.h. of this rule, with the parent’s original signature on one copy. Photocopies are compliant for any subsequent copies of this information. A center shall keep:
7.5.a. One copy in the center’s files to be easily accessible at all times; and,
7.5.b. The other copy in the center’s emergency file, described in this rule, where it is available to accompany the child when the child is off-site.
7.6. Exchanging information with the parent. The center shall develop a plan for ongoing communication with the parent that includes:
7.6.a. A pre-admission meeting in which the center discusses with the parent an oral or written system for exchanging information regularly about the child including the child’s health and any events at home or at the center that may influence the child’s behavior and well-being;
7.6.b. Providing a signed incident or accident report when an incident or accident resulted in first aid. The report shall include, at a minimum, the time, date, location, description of the incident or accident, the action taken and the name of the staff person responsible for the child at that time;
7.5.c. Providing a signed serious occurrence report as required in section 19 of this rule; and,
7.5.d. Providing the parent opportunities to volunteer at the center.
W. Va. Code R. § 78-1-8 Staffing
8.1. This section applies to all center personnel including the private owners, volunteers, and parents who receive compensation for their duties or who are used by the center to meet staff-to-child ratios.
8.2. Persons at a child care center who are not subject to this rule include:
8.2.a. An adult who is in the center for brief periods in the normal course of carrying out business or professional activities and is not left alone with the children; or
8.2.b. A parent of an enrolled child who is at the center only for the purpose of performing parental responsibilities in relation to his or her own child.
8.3. Staffing Procedures.
8.3.a. A center shall provide each new staff member with a notification letter that includes his or her effective date of hire, position title, qualifications, duties, and responsibilities at the time of hiring.
8.3.b. A center shall conduct performance evaluations:
8.3.b.1. On all staff at least once a year; and
8.3.b.2. On all newly employed staff members and staff members new to their positions at three months, six months, and 12 months.
8.3.c. A center shall provide each staff member with:
8.3.c.1. A written copy of his or her most recent evaluation, signed by the center’s director or director’s designee and the evaluated staff member; and
8.3.c.2. A professional development plan based on the evaluation.
8.3.d. A center shall maintain a file for each staff member that includes:
8.3.d.1. A current job description;
8.3.d.2. Documentation that references have been verified including three references for the center director and two references for other staff members;
8.3.d.3. Records of employment, including a duplicate copy of all performance evaluations; and
8.3.d.4. A verification of the staff member’s education and qualifications. 8.4 Staff Character and Background.
8.4.a. A center shall use staff members and volunteers with:
8.4.a.1. A good reputation and character;
8.4.a.2. Sufficient education, training, and experience to provide the skills necessary for carrying out the essential functions of his or her job with or without reasonable accommodation;
8.4.a.3. Sound judgment, emotional maturity, and an understanding of children;
8.4.a.4. A demonstrated ability to perform assigned tasks;
8.4.a.5. The ability to correct hazards that might harm the health, safety, and well-being of the children;
8.4.a.6. The ability to work with children without mistreatment or abuse;
8.4.a.7. The ability to encourage children and to provide them with a variety of learning and social experiences appropriate to the age of the children;
8.4.a.8. The ability to support children’s physical, emotional, psychological, social, and personal development; and
8.4.a.9. The ability to communicate effectively and to respect confidentiality.
8.4.b. No person shall be on the premises or have contact with the children in care whose health or behavior would harm the children:
8.4.b.1. Who is under the influence of alcohol or an illegal drug; or
8.4.b.2. Whose functioning is impaired due to being under the influence of medical cannabis or a legal pharmaceutical.
8.4.c. Other than the exceptions cited in subdivision 8.4.e., a center shall ensure that a state and federal fingerprint-based criminal background investigation is performed on each staff member and volunteer pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., 69CSR10, and shall keep the following information on file:
8.4.c.1. A completed and signed WV CARES self-disclosure application and consent form. A copy of the form shall be on file and uploaded to the WV CARES system no later than the date of hire;
8.4.c.2. A variance or waiver if the individual has convictions or pending charges of disqualifying offenses;
8.4.c.3. A fitness determination of eligibility from the WV CARES unit; and
8.4.c.4. A center shall update the documentation of a completed background check in each staff member’s file at the expiration of rap back enrollment.
8.4.c.5. A state background check shall be completed in any other state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a state background check is required for the state they reside. Fingerprint checks for other states are optional. All staff members and volunteers must complete a criminal background check through WV CARES.
8.4.c.6. A check of the sex offender registry or repository shall be done on each staff member and volunteer.
8.4.c.7. A check of the sex offender registry or repository shall be completed in another state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer works in the state of West Virginia and resides in another state, a check of the sex offender registry or repository shall be completed in the state they reside.
8.4.d. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the staff member or volunteer resided during the preceding five years. The same search shall be done in the state where the staff member or volunteer currently resides and shall be repeated every five years.
8.4.e. A center does not require a criminal background check on the following:
8.4.e.1. A new staff member who has on file at the center documentation of the required criminal history investigations within the previous 180 days;
8.4.e.2. An individual not associated with the center, but contracted to provide lessons or other services for brief periods to the children while center staff are present; or
8.4.e.3. A parent who transports children on an irregular basis for field trips without pay or compensation.
8.4.f. No person shall work with a child or children prior to the center receiving the required fitness determination of eligibility from the WV CARES unit.
8.4.g. The Secretary may require a criminal background check for good cause.
8.4.h. For individuals over 13 and under 18 years of age, prior to permitting them direct contact with the children on a regular basis, a center shall have on file a signed affidavit from the individual’s parent stating that his or her child has never been arrested or convicted of an offense against a person.
8.5. Hiring Prohibitions.
8.5.a. A center shall not employ or use an individual who is currently on parole or probation for a felony conviction, or is currently under indictment, has pending charges, or has been convicted or entered a plea of guilty or no contest to any of the disqualifying offenses as defined in W. Va. Code §16-49-1(8), 69CSR10-2.10., or other crimes that the Secretary determines may pose a risk to children.
8.5.b. A center shall not hire or continue to employ or use any individual who is determined by the Department to have abused or neglected a child or incapacitated adult.
8.5.c. A center may not employ or use an individual who has entered a plea of guilty or no contest or has been convicted of a disqualifying offense unless the Secretary grants a waiver or variance.
8.5.d. A center may not use an individual who failed to disclose a conviction or pending charges on a WV CARES self-disclosure application and consent form or failed to disclose a finding of abuse or neglect unless the Secretary grants a waiver or variance.
8.5.e. A center shall have policies and procedures that include protocols requiring:
8.5.e.1. A staff member or volunteer to report his or her criminal arrest, charge, indictment, or conviction for a criminal offense to the center director within 24 hours;
8.5.e.2. A staff member to report to the center director that he or she is the subject of an abuse or neglect investigation;
8.5.e.3. The center to notify the Secretary of the staff member’s report within 24 hours; and
8.5.e.4. That the center prohibits a staff member or volunteer who is accused of having sexually abused or otherwise injured a child or incapacitated adult from caring for or having contact with children pending the outcome of an investigation.
8.5.f. If a center chooses to advocate for a waiver or variance for an employee, then it shall have policies and procedures regarding waivers or variances that do not conflict with Department policies. The policy must include procedures for:
8.5.f.1. Informing the staff member of the waiver or variance process and time limit for requesting a waiver or variance;
8.5.f.2. Providing a statement of support for the waiver or variance request from the center director;
8.5.f.3. Ensuring that the staff member does not have contact with, or is removed from contact with, the children until the Secretary reaches a decision on the waiver or variance unless the licensee, staff member, and the Department agree to a written safety plan that permits the staff member to continue in a staff position until the Secretary reaches a decision.
8.5.g. A center shall secure from the employee a recent health assessment performed not more than 90 days prior to the date hired for the employee and signed by a licensed health care provider. The health assessment shall be on file no later than 30 days from the first date of employment. A health assessment for a volunteer shall be on file if the volunteer is scheduled to work at least 40 hours per month in the center. The health assessment shall include:
8.5.g.1. A significant health history which the center needs to know in order to protect the health of the employee or the health and safety of children in care;
8.5.g.2. A physical examination, including vision and hearing screening;
8.5.g.3. A statement that the prospective staff member has no known condition or disease which would interfere with the proper care of children; and
8.5.g.4. A tuberculosis risk assessment or a tuberculosis screening by the Mantoux method, if a screening is indicated by the tuberculosis risk assessment.
8.5.h. For staff currently employed, a center shall keep on file a health assessment that is updated every two years except the tuberculosis risk assessment or tuberculosis screening discussed above.
8.6. Staff Responsibilities, Qualifications, and Training Requirements.
8.6.a. A center shall assign one individual the responsibility for monitoring and implementing training and maintaining training records.
8.6.b. A center shall require all staff to meet approved pre-service training requirements and pre-service education qualifications other than that noted in subdivision 8.6.c. Provided: Staff persons who have remained employed by the center since July 1, 2003, and have been in continuous employment in that position or one requiring greater qualifications in a child care setting since July 1, 1998, shall be considered to meet the qualification of their position except the requirement of approved pre-service training.
8.6.c. A center may offer an applicant for a lead teacher or teacher position conditional employment for a period of up to three months pending completion of the pre-service education and training requirements described in this section.
8.6.d. Prior to caring for children, all current and potential staff are required to complete approved pre-service training. Prior to or during the first week of employment and prior to having sole responsibility for a group of children, a center shall provide orientation to the staff member that includes a review of:
8.6.d.1. Licensing, other regulatory requirements, and a center’s administrative manual;
8.6.d.2. Policies, staff duties and professional development plans;
8.6.d.3. Policies and procedures for confidentiality and information disclosure, behavior management, and reporting child abuse and neglect;
8.6.d.4. Policies and procedures for basic sanitation and infection control;
8.6.d.5. Policies and procedures for safety, including prevention of injury both indoors and outdoors, fire safety, emergency response and, for programs serving infants, safe sleep practices;
8.6.d.6. The statement of purpose;
8.6.d.7. The daily schedule of the center and the specific schedule for the group of children to which the staff person is assigned, including the planned program of activities, routines, and transitions; and
8.6.d.8. Communication at a center, including procedures to inform staff of any special dietary or other needs of the children for whom they will be responsible.
8.6.e. A center shall document that preservice training and orientation training was provided by having the staff member and center director sign a statement acknowledging receiving both preservice and orientation training and shall keep the statement in the staff member’s file.
8.6.f. A center shall ensure that all staff members receive approved training in:
8.6.f.1. Pediatric Cardiopulmonary Resuscitation (CPR) and First Aid. Within three months of employment or use staff members shall have current pediatric CPR certification and current first aid training. Except in the first year of employment or use, training in pediatric CPR and First Aid is in addition to the requirement for annual professional development.
8.6.f.2. Abuse Recognition and Prevention. Within three months of employment or use, staff members shall have training in child abuse recognition and prevention. Training in child abuse recognition and prevention may be used to meet the requirement for annual professional development described in this section.
8.6.g. Prior to administering medication, the qualified staff member shall have training from an approved training source in medication administration. Training in medication administration may be used to meet the requirement for annual professional development described in this section.
8.6.h. A center shall ensure that prior to assuming management duties, including supervising other qualified staff members, assisting the director, or serving as the designated person-in-charge of a center, a qualified staff member:
8.6.h.1. Completes the requirements for orientation training and management orientation training that includes a detailed review of the center’s administrative manual and management practices; and
8.6.h.2. Co-signs with the director a statement which is kept in the staff member’s file acknowledging he or she received management training.
8.6.i. A center that operates or plans to operate programs for children 24 months of age and under shall meet the requirements of this subdivision for staff training:
8.6.i.1. Prior to starting the program, shall ensure that each qualified staff member caring for the child has received a minimum of 40 hours of approved training related to the care of children 24 months of age and under, and shall submit documented evidence of the training to the Secretary.
8.6.i.2. For an existing program which has been approved to expand the program or experiences staff turnover, shall ensure that within six months of beginning to care for children twenty-four months of age and under, each qualified staff member shall have a minimum of 40 hours of approved training related to the care of children 24 months of age and under. Until all staff members meet the requirements of this section, the center shall ensure:
8.6.i.2.A. That one qualified staff member who has completed the minimum approved training, is present in the infant/toddler program for at least half of the operating hours daily;
8.6.i.2.B. That each staff member has a written plan for the completion of training that is agreed upon during orientation; and
8.6.i.2.C. That the center develops a mentoring plan which provides for weekly mentoring by a qualified and trained staff person for each staff member that has not completed approved training.
8.7. Professional Development.
8.7.a. All qualified staff shall complete 15 hours of approved training within the first year of employment according to the following:
8.7.a.1. A director shall have six hours in management training within the required 15 hours; and
8.7.a.2. Qualified staff members shall have six hours of training related to the age group of children for which they care, within the required 15 hours.
8.7.b. All qualified staff shall apply for credentialing on the WV STARS Career Pathway.
8.7.c. All qualified staff shall complete the approved training which is necessary to keep the credential current. 8.7.d All qualified staff shall complete at least 15 hours of approved training annually. Training hours can be applied to the hours required to keep a credential current on the West Virginia STARS Career Pathway. 8.7.e All staff in positions that are not qualified staff positions shall have training within the first three months of employment related to their responsibilities, renew child abuse and neglect recognition every three years, and keep first aid and pediatric CPR certification current.
W. Va. Code R. § 78-1-9 Staff Responsibilities and Qualifications
9.1. The Director shall:
9.1.a. Manage the daily operations of the center, including administering finances and human resources;
9.1.b. Supervise the teaching staff and the daily activities of support staff who provide services to the center and conduct a staff meeting at least once a month;
9.1.c. Make curricular decisions and plans and supervise all aspects of the children’s program;
9.1.d. Communicate with staff members, children, parents, and the public;
9.1.e. Communicate with the Department and regulatory agencies to ensure compliance with all requirements;
9.1.f. Keep a record of any hours and days he or she has regular responsibility for an assigned group of children in a Type I or Type II center;
9.1.g. Not have regular responsibility for an assigned group of children in a Type III center;
9.1.h. Have the following qualifications:
9.1.h.1. Be at least 21 years of age, provide evidence of at least one year of relevant work experience; and have a minimum of a high school diploma or equivalent and;
9.1.h.2. In a Type I center, have a minimum of:
9.1.h.2.A. A CDA credential and 300 hours of relevant work experience working with young children or 12 college credits in an early care and education field and 300 hours of relevant work experience working with young children; or
9.1.h.2.B. A total of 10 years of relevant work experience.
9.1.h.3. In a Type II center, have a minimum of:
9.1.h.3.A. A registered Apprenticeship Certificate for Child Development Specialist;
9.1.h.3.B. Passed 28 college credits, with at least nine credit hours in early childhood development; or
9.1.h.3.C. At least 15 years of relevant work experience.
9.1.h.4. In a Type III center, have a minimum of:
9.1.h.4.A. An associate degree in early care and education;
9.1.h.4.B. A bachelor’s or associate degree in a related field with 12 credit hours in early childhood development or early childhood education and 90 practicum contact hours in the field of early childhood;
9.1.h.4.C. A bachelor’s degree in a related field and a total of two years of relevant work experience; or
9.1.h.4.D. A degree in a business, management, or administration field with 12 credit hours in early childhood development or early childhood education and 300 hours of work experience with young children.
9.1.i. Designate a person-in-charge to perform the duties of the director during all hours of operation when the director is not present at the center. The person-in-charge shall be a qualified staff member with a minimum qualification of teacher.
9.2. Assistant Director or Lead Teacher.
9.2.a. The duties and role of assistant director or lead teacher may be shared by the director and a teacher.
9.2.b. The assistant director or lead teacher may have responsibility for supervision, care and education of children and may be regularly assigned to a group of children.
9.2.c. The assistant director or lead teacher shall:
9.2.c.1. Plan and adopt programming that conforms to the core competencies of early childhood education and may implement daily program activities;
9.2.c.2. Coordinate the activities of teachers, assistant teachers, teaching assistants, and assist the director with designated activities;
9.2.c.3. Be at least 21 years of age and have a minimum of one year of relevant work experience and one of the following additional qualifications:
9.2.c.3.A. A CDA credential and 300 hours of relevant work experience working with young children or 12 college credits in an early care and education field and 300 hours of relevant work experience working with young children;
9.2.c.3.B. A total of two years of relevant work experience;
9.2.c.3.C. A registered Apprenticeship Certificate for Child Development Specialist, or 28 college credits, with at least nine credit hours in early childhood development.
9.3. Teacher. A teacher shall:
9.3.a. Have responsibility for the supervision, care, and education of children and be regularly assigned to a group of children;
9.3.b. Practice the core competencies of early childhood educators, and plan and implement daily program activities;
9.3.c. Coordinate the activities of assistant teachers and teaching assistants, and may assist the director, assistant director, or lead teacher with designated activities; and
9.3.d. Be at least 18 years of age and have a minimum of one year of relevant work experience and have one of the following additional qualifications:
9.3.d.1. A West Virginia Training Certificate in Early Care and Education (WVTCECE) or its equivalent;
9.3.d.2. A CDA credential and 300 hours of relevant work experience working with young children or 12 college credits in an early care and education field and 300 hours of relevant work experience working with young children; or
9.3.d.3. A total of two years of relevant work experience.
9.4. Assistant Teacher. An assistant teacher shall:
9.4.a. Practice the core competencies of early childhood educators;
9.4.b. Work with young children with guidance from a qualified staff member who qualifies, at a minimum, as a teacher;
9.4.c. Coordinate daily activities and supervise teaching assistants in the absence of the teacher; and
9.4.d. Have the following qualifications:
9.4.d.1. Be at least 18 years of age and have a minimum of one year of relevant work experience; and
9.4.d.2. Have a West Virginia Training Certificate in Early Care and Education (WVTCECE) or its equivalent.
9.5. Teaching Assistant. A teaching assistant shall:
9.5.a. Assist other qualified staff members with the care and education of the child, but shall not have responsibility for a group of children;
9.5.b. Work under the continuous supervision of a qualified staff member who qualifies, at a minimum, as an assistant teacher;
9.5.c. Have the following qualifications:
9.5.c.1. Be at least 18 years of age; and
9.5.c.2. Be enrolled in the WVTCECE program or its equivalent.
9.6. Teen Aide. A teen aide shall:
9.6.a. Be at least two years older than the oldest child in the group with whom he or she is working; and
9.6.b. Not be left alone with a child other than his or her own child.
9.7. Student Intern. A center that uses student interns shall ensure that:
9.7.a. The student intern fulfills the requirements of an educational or training program;
9.7.b. The student intern performs duties under the direct supervision of a qualified staff member who has at least the qualifications of an assistant teacher;
9.7.c. The student intern receives periodic supervision from the educational or training program teacher-coordinator; and
9.7.d. The student intern is not left alone with a child other than his or her own child;
9.7.e. A copy of the student intern’s training plan and training agreement developed jointly by the educational or training institution and the center are on file at the center.
9.8. Substitute. The center shall ensure that:
9.8.a. A substitute has the appropriate background checks as required by this rule;
9.8.b. A substitute used in a position for less than two weeks does not have sole responsibility for a group of children and works under the continuous supervision of, at a minimum, an assistant teacher; and
9.8.c. A substitute filling a position for more than two weeks meets the minimum qualifications of the position for which he or she is substituting. A substitute meeting the qualifications of an assistant teacher or greater does not require continuous supervision when substituting for more than two weeks.
9.9. Support Staff. The center shall ensure that support staff have appropriate qualifications for providing services to the center and meet the general and health requirements set forth in this rule.
9.10. Driver. A driver shall:
9.10.a. Be at least 21 years of age;
9.10.b. Have a valid driver’s license that authorizes the driver to operate the vehicle being driven;
9.10.c. Upon hire, have evidence of a safe driving record for the five-year period prior to hiring and have no record of DUI related convictions for a five-year period;
9.10.d. Not be impaired to drive at the time of transporting children including impairment caused by prescription medication;
9.10.e. Submit to a drug and alcohol testing if required by center policy; and
9.10.f. Not be used if he or she refuses a required drug and alcohol test or tests positive.
9.11. Volunteer. The center shall ensure that prior to providing a direct service to the center, a volunteer:
9.11.a. Is not less than 18 years of age;
9.11.b. Receives direct supervision from a qualified staff member who is not less than 21 years of age; and
9.11.c. Is not left alone with a child other than his or her own child.
W. Va. Code R. § 78-1-10 Supervision of Children in Groups
10.1. A center shall ensure that:
10.1.a. The children have adequate supervision at all times;
10.1.b. Staff members are awake and performing their duties during work hours;
10.1.c. When a play area is used that is accessible to the public, the boundaries of the play area are clearly marked and known to the children;
10.1.d. The children remain in areas approved for daily program activities and do not go into other areas including the kitchen, unless it is part of the planned, supervised experience; and
10.1.e. Children are accompanied by staff when utilizing public restroom or restrooms at the center that the general public is permitted to use.
10.2. Children shall be assigned to distinct groups according to the following:
10.2.a. Each group shall be assigned a room or area of a room as a home base, even if the group moves to other areas, inside and outside a center, for daily activities;
10.2.b. When more than one group of children up to school-age uses the same room, a center shall divide the room into a designated activity area for each group;
10.2.c. A center shall separate indoor areas regularly occupied by older children from children 24 months of age and under;
10.2.d. A center shall ensure that a common outdoor area is not regularly used at the same time by groups of school-age children and by groups five years of age and younger;
10.2.e. During brief times, not to exceed 30 minutes, when children are normally arriving and departing, and for short periods of scheduled activities such as eating, the center may combine groups of children, including groups of children 24 months and under and groups of older children; and
10.2.f. During short periods of time for special occasions such as field trips, the center may combine school-age groups of children with children over the age of 24 months.
10.3. Staff-to-Child Ratios.
10.3.a. When children are on the premises, a center shall ensure that at least two staff members are on duty at all times.
10.3.b. When only one qualified staff person is required to meet ratios at the beginning and end of the day, the second staff member may be a support staff member who is readily available in case of emergencies. A center shall ensure that while children are on the premises, the qualified staff member has completed a course in child first aid and has current certification in pediatric CPR.
10.3.c. A center shall assign each group of children to a qualified staff member or team of qualified staff members, maintaining at all times the staff-to-child ratios required under this rule. When groups are combined, a center shall continue to maintain the staff-to-child ratios required under this rule.
10.3.d. When more than one qualified staff member is assigned to a group, a center shall designate one qualified staff member as group leader with responsibility for planning the activities of the group to ensure that each child in the group receives developmentally appropriate care and adequate supervision on a day-to-day basis.
10.3.e. When only one qualified staff member is assigned to a group, there shall be a plan enabling the qualified staff member to call a second staff member for help without leaving the group.
10.3.f. In determining and maintaining the staff-to-child ratio, a center shall not include any qualified staff member who is performing other duties such as cooking, bookkeeping, or life-guarding; or another individual with designated responsibility for a special activity; or a support staff member who is not directly working with the children except in an emergency situation when staff may be reassigned to supervise the children.
10.3.g. In determining and maintaining the staff-to-child ratio, a center shall have a plan to ensure that a qualified substitute is available if needed and is available when a staff person is absent for longer than a continuous two-week period.
10.4. A student intern who is at least 17 years of age, a Youth Apprentice, and in the second year of classes in the Child Development Specialist program approved by the WV Department of Education may count in the staff-to-child ratio but may not work alone.
10.5. A center shall group children and consider their ages when determining the staff-to-child ratio as follows:
10.5.a. A center shall count each child 12 years of age and under who is present and being cared for in the child care center, including a child of the director or a staff member, and shall not consider a teen aide to be a child;
10.5.b. When children are at the center, the center may use either a single grouping or a mixed-age combination to calculate the ratio according to the following:
10.5.b.1. For each singe-age group at a center, the center shall maintain the staff-to-child ratio and group size described in Table A of Appendix 78-1-E of this rule;
10.5.b.2. For each mixed age group at a center, the center shall maintain the staff-to-child ratio and group size described in Table A of Appendix 78-1-E of this rule for the youngest child in the group; and
10.5.b.3. When providing evening and nighttime care, a center shall maintain the staff-to-child ratio and group size described in Table A of Appendix 78-1-E of this rule. In addition, a center shall ensure that:
10.5.b.3.A. At least one qualified staff member is in each room visually supervising the children at all times and checking at least hourly on each sleeping child; and
10.5.b.3.B. Each qualified staff member required to meet the staff-to-child ratio is on the premises and within calling distance of the rooms occupied by the children.
10.5.c. Special circumstances with staff-to-child ratio are:
10.5.c.1. During nap time or sleep time:
10.5.c.1.A. For groups of children 12 months of age and under, a center shall ensure that each qualified staff member required to meet the staff-to-child ratio described in Table A of Appendix 78-1-E of this rule, is present in the nap or sleep area and able to see and hear all of the children at all times; and
10.5.c.1.B. For groups of children over 12 months of age who participate in a nap-time program, a center shall ensure that at least one qualified staff member is in each area visually supervising the children and each qualified staff member required to meet the staff-to-child ratio is on the premises and within calling distance of the areas occupied by the children.
10.5.c.2. During transportation:
10.5.c.2.A. At all times when transporting a child, a center shall ensure that no child is unattended in a vehicle;
10.5.c.2.B. During Pick-up and Drop-off service:
10.5.c.2.B.1. A second staff person or volunteer shall accompany the driver during routine transportation for the purpose of pick-up and drop-off service when the vehicle will transport more than two children and at least one of those children is under the age of two years;
10.5.c.2.B.2. A second staff person or volunteer shall accompany the driver during routine transportation for the purpose of pick-up and drop-off service when the vehicle will transport more than four children of any age.
10.5.c.2.B.3. There shall be a staff or designated responsible person present outside the vehicle to supervise when children are loading or unloading from a vehicle.
10.5.c.3. Water activities.
10.5.c.3.A. When a child is participating in a Level I or Level II water activity, except a swimming lesson with a qualified instructor, a center shall maintain staff-to-child ratios described in Table B of Appendix 78-1-E of this rule; and
10.5.c.3.B. When two or more children 24 months of age and under are participating in a Level I or Level II water activity in a mixed age group, except a swimming lesson with a qualified instructor, the center shall ensure that at least two qualified staff members are present.
10.5.c.4. Field Trips.
10.5.c.4.A. A center shall ensure that when a child is participating in a Level I field trip, that the staff-to-child ratio is maintained in accordance with Table A of Appendix 78-1-E of this rule and that at least one staff member or volunteer accompanies one qualified staff member who must be present at all times; and
10.5.c.4.B. A center shall ensure that when a child is participating in a Level II field trip that the staff-to-child ratio is maintained in accordance with Table A of 78-1-E of this rule and that at least two qualified staff members are present at all times.
W. Va. Code R. § 78-1-11 Supervision of the Individual Child
11.1. Guidance, Behavior Management, and Discipline. A center shall:
11.1.a. Develop, implement, and maintain policies and procedures for behavior management that include the prohibitions described in subsection 11.4. of this rule;
11.1.b. Ensure that the guidance, behavior management, and discipline practices are constructive and educational in nature, appropriate to each child’s age and circumstances, and in keeping with the center’s policies and procedures;
11.1.c. Ensure that staff members are aware of behavior issues relating to an individual child, and treat behavior problems individually and in private;
11.1.d. Delegate behavior management to qualified staff members who have an ongoing relationship with a child; and
11.1.e. Ensure that when it appears that a child is developing a pattern of unacceptable behavior, the staff member with the delegated responsibility for the child discusses the child’s behavior in private with the director and informs the child’s parents.
11.2. Guidance. At all times, staff members are responsible for providing positive guidance that is appropriate to each child’s age, understanding, and circumstances. Staff members shall:
11.2.a. Teach by example;
11.2.b. Recognize and encourage acceptable behavior;
11.2.c. Make eye contact with the child and kneel or sit beside the child whenever possible when speaking to the child;
11.2.d. Supervise with kindness, understanding, and firmness;
11.2.e. Define clear limits, set fair and consistent rules and, when appropriate, permit an older child to participate in the development of rules and procedures;
11.2.f. Help a child develop self-control to assume responsibility for his or her own actions;
11.2.g. Guide a child’s activities in an orderly manner;
11.2.h. Prepare a child for his or her next activity a few minutes ahead of time, and allow the child a brief transition time before beginning the new activity;
11.2.i. Help a child avoid long waiting periods when the child has nothing to do by ensuring that the environment includes materials that hold his or her attention; and
11.2.j. Help a child feel successful at tasks and provide options if chosen tasks prove to be too difficult.
11.3. Behavior Management and Discipline. When a behavior problem arises, qualified staff members shall:
11.3.a. Redirect the child to alternative behavior or other activities;
11.3.b. Encourage the child to control his or her own behavior, cooperate with others and solve problems by talking things out;
11.3.c. Speak so that the child understands that feelings are acceptable, but inappropriate behaviors and actions are not;
11.3.d. Use appropriate time-out periods only as necessary for a child to calm down or gain control of his behavior.
11.3.e. Time-out is:
11.3.e.1. Used for behaviors that are persistent and unacceptable, used infrequently, and not for over one minute for each year of a child’s age;
11.3.e.2. Used only for children over the age of three years;
11.3.e.3. Used by a qualified staff person familiar to the child. The staff person must explain to the child how time-out works before its first use and be clear about the behavior that will result in time-out;
11.3.e.4. Ended in a positive manner. The staff person helps the child explore other options that would have resulted in a different outcome;
11.3.f. Ensure that during a time-out period that removes the child from the group, the child is within sight and hearing of a staff member in a safe, lighted, and well-ventilated space;
11.3.g. Maintain perspective about the minor misbehavior of the school-age child and recognize that every infraction does not warrant staff attention or intervention; and
11.3.h. Take action that relates to inappropriate behavior and ensure that any action that is taken is without bias and in proportion to the child’s act.
11.4. Handling Behavior Problems. Staff members and other adults at a center shall not handle behavior problems by:
11.4.a. Subjecting a child to physical punishment of any kind, including, but not limited to, shaking, striking, spanking, swatting, thumping, pinching, popping, shoving, spitting, biting, hair pulling, yanking, slamming, excessive exercise, or any cruel treatment that may cause pain;
11.4.b. Putting anything in or on a child’s mouth as punishment;
11.4.c. Restraining a child physically or by placing the child in confining equipment or using any other restrictive means such as straps or ties. Provided: when a child’s behavior places the child or others around the child at risk of physical harm, a staff person may use a gentle method of physically holding the child. The staff person must be an experienced staff member and one that is known to the child and shall only restrain the child for as long as is necessary for the child to regain control;
11.4.d. Subjecting a child to psychological punishment of any kind, including, but not limited to, ridicule, humiliation, or negative remarks about the child or the child’s family, including remarks about race, gender, religion, or cultural background;
11.4.e. Using harsh or profane language, or actual or implied threats of physical punishment;
11.4.f. Forcing or bribing a child to eat;
11.4.g. Using food as a reward or punishment;
11.4.h. Punishing or threatening a child in association with rest or toilet training;
11.4.i. Isolating a child without supervision or placing the child in a dark area such as a box, closet, or similar confined space;
11.4.j. Permitting a child to discipline other children;
11.4.k. Punishing an entire group for the actions of one child or a few children; or
11.4.l. Seeking or accepting parental permission to use physical punishment or other actions prohibited by this rule.
11.5. Difficult Behavior Plan. When a child’s behavior problems continue over time, the director and staff member with delegated responsibility shall develop and implement a plan for managing the difficult behavior. The director shall ensure that:
11.5.a. A parent is given written communication about the circumstances necessitating the plan and is provided the opportunity to participate in the development of the plan. The center shall provide the parent with a copy of the completed plan and regular written reports of the child’s progress;
11.5.b. When necessary and appropriate, other professionals also participate in the development and implementation of the plan and, when necessary, receive written reports of the child’s progress; and
11.5.c. Staff members cooperate in implementing the plan and keep on file at the center a copy of the plan, a record of the steps taken during implementation, and the child’s progress in meeting the goals of the plan.
11.6. Abuse and Neglect. A center shall develop, implement, and maintain policies and procedures for the reporting of child abuse and neglect that include:
11.6.a. The definition of child abuse and neglect;
11.6.b. The requirement to report immediately any suspected incident of child abuse and neglect to the director or designated person-in-charge, and to Child Protective Services; or when the staff member believes that the director or designated person-in-charge would not or has failed to report the suspected incident to the Child Abuse Hotline, 1-800-352-6513; and
11.6.c. A statement posted at the center in clear public view stating that the center reports suspected child abuse and neglect to Child Protective Services.
11.7. Informing Staff about Behavior Management and Report Procedures. The center shall inform staff about behavior management procedures and child abuse and neglect reporting by:
11.7.a. Providing each staff member a copy of its policies on behavior management and the reporting of child abuse and neglect and providing revised policies when changes occur;
11.7.b. Obtaining a signed and dated acknowledgement that the staff member has read and understands the policies or revised policies; and
11.7.c. Placing the signed acknowledgement statement in the staff member’s file.
11.8. Informing Parents about Behavior Management and Reporting Procedures. At the time of a child’s admission, a center shall inform parents about the center’s behavior management procedures and child abuse and neglect reporting requirements by:
11.8.a. Providing to each child’s parent written copies and an oral explanation of a center’s policies on behavior management and the reporting of child abuse and neglect, and updating parents on policy changes when they occur;
11.8.b. Obtaining a signed and dated acknowledgement that the center has explained the policies and provided the parent with a copy. The statement shall bear the child’s name, the date of enrollment, and, if different, the date the parent signs the statement; and
11.8.c. Placing the signed statement in the child’s file for as long as the child is enrolled.
W. Va. Code R. § 78-1-12 Space Requirement
12.1. Licensed Capacity. A center shall ensure that at all times the maximum number of children participating in activities on or off the premises does not exceed the licensed capacity determined by the separately computed area of indoor space, outdoor space, and bathroom facilities, not to exceed the lowest number of the three computations. Personnel and group size may be factored into the maximum capacity for certain age groups.
12.2. Indoor Space.
12.2.a. A center shall provide a minimum of 35 square feet per child of usable indoor space that is approved by the Secretary for daily program activities. A center shall make the rooms and areas of the center that are not approved for a child’s use inaccessible to the children.
12.2.b. Indoor space for daily program activities does not include any space that is not available for a child’s activities including space occupied by columns, vestibules, and corridors; fire escapes; areas used exclusively for eating; areas used exclusively for napping; bathrooms; staff lounges; adult work areas including offices, laundry, and furnace rooms; kitchens; permanently equipped isolation areas; storage spaces, and areas occupied by furniture except for areas that have:
12.2.b.1. Children’s chairs and tables;
12.2.b.2. Adult sized comfortable chairs or a couch;
12.2.b.3. Moveable play equipment and shelves for children’s activities; or
12.2.b.4. A surface for changing diapers.
12.2.b.5. For centers that have a separate and distinct designated activity area for children under 12 months of age, cribs may be considered part of that useable indoor space, provided that no more than 30 percent of the useable space is occupied by cribs.
12.2.c. A center shall not provide activity space in a basement area unless the basement area is approved by the State Fire Marshal.
12.3. Outdoor Space.
12.3.a. A center shall provide an outdoor activity area that includes a minimum of 75 square feet of space per child, or if the outdoor activity area has less than that a center shall:
12.3.a.1. Establish an outdoor activity schedule for rotating groups of children to meet the minimum space requirement and to ensure that each child has an opportunity to play outdoors each day; and
12.3.a.2. Submit to the Secretary for his or her approval a copy of the current outdoor activity schedule and shall use the outdoor space only after receiving the Secretary’s written approval that shall be displayed at the center for public view.
12.3.b. A center shall:
12.3.b.1. Provide an outdoor activity area that is on its premises or immediately adjacent to its premises; or
12.3.b.2. When neither of the options in paragraph 12.3.b.1. of this rule is possible, shall submit a plan for the Secretary’s approval for alternate outdoor activity space to meet the children’s outdoor activities requirement and shall use the outdoor space only after receiving the Secretary’s written approval.
12.4. Bathrooms. The center shall provide one flush toilet and one lavatory per 15 children, excluding children in diapers who are not receiving toilet training.
W. Va. Code R. § 78-1-13 Furnishings, Equipment and Materials
13.1. General Requirements. A center shall provide furnishings, equipment, and materials that:
13.1.a. Are available in sufficient quantity for the number of children;
13.1.b. Are appropriate in type, arrangement, and use for the developmental needs of the children;
13.1.c. Are durable and safe;
13.1.d. Are in good repair and free of sharp points or corners, pinch or crush points, splinters, protruding nails or bolts, loose rusty parts, hazardous small parts that may be swallowed, and identified poisons or paint that contains lead, and are regularly inspected by staff for potential hazards;
13.1.e. Are regularly cleaned and disinfected;
13.1.f. Are evaluated at regular intervals by the director and teacher to ensure their ongoing appropriateness for the age and number of children; and
13.1.g. Support the children’s linguistic and intellectual development, and assist in providing for their physical, emotional, psychological, social, and personal needs.
13.2. Specific furnishings shall include:
13.2.a. Children’s chairs and tables that are multipurpose and not stationary;
13.2.b. Moveable play equipment;
13.2.c. Open shelves for play equipment for children’s daily activities; and
13.2.d. Sleeping equipment as required in this rule.
13.3. Furnishings for Centers with Children 24 Months of Age and under.
13.3.a. In centers that enroll children 24 months of age and under, or children that cannot function independently, a center’s furnishings shall include:
13.3.a.1. Adult-sized comfortable chairs and a table or other surface for changing diapers that has raised sides or other features that prevent the child from falling and that are located in an area that is removed from the activities of the other children;
13.3.a.2. Furniture that is child-sized or adapted for children; and
13.3.a.3. Feeding equipment that is appropriate and sufficient for the children’s sizes, ages, and numbers served. When feeding equipment is a high chair, the chair shall have a wide base and a T-shaped safety strap;
13.3.b. Jumpers and infant walkers are prohibited.
13.3.c. Play pens and play yards, if used, must be manufactured after February 28, 2013, properly disinfected after each use, and not used for multiple children at the same time.
13.4. Sleeping Equipment. A center’s sleeping equipment:
13.4.a. For children who participate in a nap-time program shall include:
13.4.a.1. One crib with a firm mattress for each child 12 months of age and under or who is up to 35 inches tall;
13.4.a.2. One crib with a firm mattress, mat, or cot for each child between 13 and 24 months of age;
13.4.a.3. One mat, cot, or bed for each child over 25 months of age;
13.4.b. For evening and nighttime programs shall not include mats as sleeping equipment;
13.4.c. For the care of an ill child shall include at least one disinfected cot;
13.4.d. Shall be cleaned and disinfected at least once a week, or before another child uses it, or immediately after it is soiled;
13.4.e. Includes the following specifications for cribs;
13.4.e.1. Cribs shall comply with the federal standards for cribs and non-full-size cribs, 16 C.F.R. § 1219 or 16 C.F.R. § 1220;
13.4.e.2. The mattress shall be manufactured for sale in the United States as infant sleeping equipment and fit the crib snugly with no more than one-half inch between it and the crib side;
13.4.e.3. The crib shall be sturdy, non-collapsible, and easily disinfected;
13.4.e.4. The minimum height from the top of the mattress to the top of the crib rail shall be 20 inches;
13.4.e.5. Each mattress shall have a form fitting cover that is durable and able to be easily disinfected; and
13.4.e.6. The use of traditional drop side cribs, and any crib manufactured prior to June 28, 2011, is prohibited unless the center obtains a certificate of compliance from the manufacturer that the crib is compliant to the current federal standards.
13.4.f. Includes the following specifications for mats:
13.4.f.1. They shall be at least two inches thick; and
13.4.f.2. They shall have form-fitting covers that are durable, waterproof, and able to be easily disinfected.
13.4.g. Includes the following specifications for cots:
13.4.g.1. The bottom of the cot’s sleeping surface shall not be less than three inches and not more than 18 inches off the floor;
13.4.g.2. The cot shall be firm enough to support the child;
13.4.g.3. The cot shall be of sufficient size to comfortably accommodate the size and weight of the child; and
13.4.g.4. The cot shall be constructed of a material that can be easily disinfected.
13.4.h. Shall not permit children to:
13.4.h.1. Sleep on the floor;
13.4.h.2. Sleep on the floor in a sleeping bag or on bed linens alone;
13.4.h.3. Sleep in a stacked crib or consecutively attached crib;
13.4.h.4. Share a bed or cot, even with a family member; or
13.4.h.5. Use a crib if they are more than 35 inches tall.
13.4.i. Includes the following specifications for bedding:
13.4.i.1. Mattresses or cots shall be waterproof or have a waterproof cover;
13.4.i.2. Bedding, including sheets and blankets, shall be clean and in good condition;
13.4.i.3. Bedding shall not be used by more than one child at a time;
13.4.i.4. Bedding shall be used to cover all sleeping surfaces before being used;
13.4.i.5. Seasonally appropriate covers or clothing shall be used, sufficient to maintain adequate warmth. For children 12 months of age and younger a sleeper may be worn, or a thin blanket used for a covering. If a blanket is used, it shall be tucked around the mattress of the crib and only cover the child as high as his or her chest;
13.4.i.6. Pillows or soft, fluffy bedding shall not be used for the child 12 months of age and under;
13.4.i.7. Pillows or soft fluffy bedding made of substances of animal origin other than wool, including feathers and animal hair, that commonly cause allergic reactions, shall be prohibited; and
13.4.i.8. A center shall change bedding when soiled, prior to use by another child and at least weekly, except sheets on cribs that shall be changed at least daily.
13.4.j. Includes the following requirements when providing evening or nighttime care:
13.4.j.1. Each cot or bed shall have a pillow, pillow case and two sheets; and
13.4.j.2. When the sleeping surface is a mattress, the bottom sheet shall be secure.
13.5. Indoor activity Equipment and Materials. A center shall provide equipment and materials for indoor activities that:
13.5.a. Are appropriate to the child’s age and developmental level;
13.5.b. Support many types of activities, including social and fantasy play; exploration and mastery of skills and language; music, art, and movement; and gross motor experiences as described in Appendix 78-1-A of this rule;
13.5.c. Are available in sufficient quantity to permit each child to choose from among several of each type, to allow for sharing and prevent conflict, and to allow staff to keep reserves for rotation;
13.5.d. Represent diverse cultures, ethnic groups, gender roles, and abilities in ways that do not reinforce stereotypes;
13.5.e. Are clearly organized within activity areas that support programming goals and allow for adequate supervision;
13.5.f. Are complete, sturdy, clean and in good working condition;
13.5.g. Are lead-free and otherwise nontoxic; and
13.5.h. Maximize safety by ensuring that:
13.5.h.1. Indoor play equipment, shelves, and large objects, such as televisions and computer monitors, are firmly anchored;
13.5.h.2. Use zones are extended by at least six feet in all directions from the perimeter of indoor climbing equipment, and the use zone surfacing is constructed of material that has an American Society for Testing and Materials (ASTM) rating for the critical fall height of the equipment. The use zone surfacing shall be securely fixed in place;
13.5.h.3. Climbing equipment for children under 24 months may not exceed 32 inches in height. If the climbing equipment is located in the designated area for children under 24 months, then the use zone shall extend at least 36 inches;
13.5.h.4. Small objects, toys, and toy parts that have diameters of less than one and one-quarter inch that can be swallowed are not accessible to children less than four years of age; and
13.5.h.5. Plastic bags, latex gloves, and Styrofoam objects are not accessible to the child less than four years of age, and that balloons are completely prohibited in a center that serves children less than school age.
13.6. Outdoor Activity Equipment and Materials. A center shall provide equipment and materials for outdoor activities that:
13.6.a. Are appropriate to the child’s age and developmental level;
13.6.b. Support many types of experiences as listed in Appendix 78-1-A of this rule;
13.6.c. Are available to the child in sufficient quantity to permit each child to choose at least two types of outdoor play experiences and to allow for sharing and prevent conflict;
13.6.d. When a child is not ambulatory, are appropriate for outings, such as a stroller or carriage; and
13.6.e. Maximize safety by ensuring that:
13.6.e.1. All outdoor equipment is installed, maintained, and used in accordance with the manufacturer’s instructions;
13.6.e.2. The position of the outdoor equipment prevents hazards from conflicting activities;
13.6.e.3. The use zones are free of obstacles, except for the support structures for the swings;
13.6.e.4. The supports for climbers, swings, and other heavy equipment are securely anchored so that they pose no threat to the children’s safety, even when the equipment is designed to be portable;
13.6.e.5. Each swing frame for the child 24 months of age and under has a maximum of two seats;
13.6.e.6. Metal equipment is in the shade, if at all possible;
13.6.e.7. When the center has a sand box, that the box permits drainage, is covered when not in use, and that the sand does not contain toxic or other harmful materials and is free of animal excrement and other debris; and
13.6.e.8. The outdoor area is free of wading pools and other equipment that might hold water which pose a drowning hazard to the child or a breeding environment for mosquitoes.
13.7. Safety helmets shall be worn by all riders when using a riding toy or riding equipment that requires balancing while moving or when the riding equipment is being used off site.
13.8. Standard trampolines are prohibited unless used as a special activity and the activity complies with subsection 14.8. of this rule. Trampolines used as part of a child’s plan due to special needs are not subject to this prohibition.
13.9. Storage of Equipment, Materials and Supplies. A center shall provide storage for equipment, materials and supplies that includes:
13.9.a. Open shelves, at the appropriate level from the floor, for activity items so that children may select, remove, and replace items independently;
13.9.b. A container, shelf, or cupboard that is inaccessible to children but permits staff to reach supplies, such as clean diapers, without leaving a child unattended;
13.9.c. A closet when used that is accessible to children and has a latch with an internal release so that the door can be opened by a child inside the closet; and
13.9.d. Separate storage areas for each child’s personal belongings, including appropriate safe storage for the school-age child’s money and ongoing projects.
W. Va. Code R. § 78-1-14 Program
14.1. For each program offered and for each group of children, a center shall prepare and follow a written daily schedule that:
14.1.a. Reflects the goals and objectives set out in the statement of purpose;
14.1.b. Is based on knowledge of child development and learning, and on the needs of the enrolled children;
14.1.c. When necessary to accommodate the needs of a child, follows a written individualized plan, developed with advice from a variety of professional sources, including, but not limited to, an early intervention specialist or a licensed health care provider; and
14.1.d. Is posted in clear, public view and in each designated activity area for each group of children.
14.2. A center shall ensure that each program includes flexible program activities that:
14.2.a. Are appropriate to a child’s age and developmental level.
14.2.b. Include an appropriate balance of:
14.2.b.1. Indoor and outdoor activities;
14.2.b.2. Activities that use both large and small muscles;
14.2.b.3. Quiet and active play periods;
14.2.b.4. Active and passive learning experiences;
14.2.b.5. Individual and several types of group activities; and
14.2.b.6. Teacher-initiated and child-initiated activities.
14.2.c. Provide opportunities for a child to choose from among several possible activities, or choose not to participate in structured activities at certain times of the day;
14.2.d. Provide a variety of social experiences through grouping arrangements, including mixed-age experiences, that take into account each child’s level of maturity;
14.2.e. Include routines at regularly scheduled times, such as sleeping, eating, dressing, toileting, hygiene, and diapering;
14.2.f. Are planned so that a child has sufficient time to progress at his or her own developmental rate and does not experience a prolonged waiting period between activities or tasks;
14.2.g. Provide a child with the freedom to get a drink of water or go to the toilet as he or she feels the needs, in keeping with the requirements of this rule; and
14.2.h. Respect cultural diversity and incorporate aspects of a child’s culture, including his or her language, traditional food, and celebrations.
14.3. A center shall ensure that each program follows guidelines for:
14.3.a. Sleeping routines. A center shall:
14.3.a.1. Provide a designated area where a child can sit quietly or lie down to rest;
14.3.a.2. Ensure that a child 24-months of age and under is able to nap according to his or her developmental needs;
14.3.a.3. Ensure that the schedule for a child between 25 months of age and school-age who is in care for more than four daytime hours includes a regular nap period of at least one hour each day for the child who sleeps, an opportunity for rest and quiet play for the child who is unable to sleep during the nap period, and a regular nap period for the school-age child who needs it; and
14.3.a.4. Ensure that staff members initially place the child 12 months of age and under, or under the age when he or she can turn over independently, on his or her back unless the parent provides a written statement from a licensed health care provider prohibiting the child from being placed in that position for sleep;
14.3.b. Brushing Teeth. A center shall provide appropriate opportunities for the children in care to have supervised practice of brushing teeth on a daily basis; and
14.3.c. Active Play and Movement. The center shall promote children’s active play every day by providing the opportunity to engage in moderate to vigorous activities. There shall be a weekly written plan for each group of children, which may be incorporated into the group’s lesson or activity plan, that provides:
14.3.c.1. For children, six weeks to six years, at least two structured or staff led activities daily that promote gross motor movement skills;
14.3.c.2. No less than one hour of planned outdoor activity daily with opportunities to develop and practice age-appropriate gross motor movement skills, provided:
14.3.c.2.a. Weather and circumstances permit and there are no weather or condition advisories indicating the need to remain indoors;
14.3.c.2.b. Children less than one year of age are taken outside two to three times per day;
14.3.c.2.c. Children older than 12 months are allowed 60 to 90 total minutes of outdoor play daily; and
14.3.c.2.d. When weather or adverse conditions curtail outdoor activity time, the amount of indoor active play is increased so that the total amount of time spent in active play remains the same.
14.3.c.3. A minimum of 60 minutes of moderate to vigorous activity per eight-hour day for toddlers and children up to three years;
14.3.c.4. A minimum of 90 minutes of moderate to vigorous activity per eight-hour day for children three years to school age;
14.3.c.5. Centers operating less than six hours or WV Pre-k classrooms incorporated into the center to prorate the time requirements of this subdivision; and
14.3.c.6. Infants not yet able to crawl, supervised time on their stomachs every day while they are awake.
14.3.d. Restrictive equipment. Infant equipment that restricts movement such as swings, play pens, play yards, stationary activity centers (exer-saucers), infant seats, etc., if used, shall only be used for short periods of time not to exceed 15 minutes in a four-hour period.
14.3.e. Staff participation. Qualified staff shall promote children’s active play and participate in children’s active games at times when they can safely do so.
14.4. For infants and toddlers, a center shall follow these additional daily program requirements:
14.4.a. Beginning with the pre-admission meeting between the director or designated staff member and the parent, a center shall work with a child’s parent to prepare a written schedule that:
14.4.a.1. Respects a child’s normal pattern of activities, sleeping, and eating;
14.4.a.2. Is consistent with a child’s needs and capabilities;
14.4.a.3. Provides a child with opportunities to interact with staff members, participate in program activities, be outdoors daily as appropriate, and be diapered or toileted as needed; and
14.4.a.4. Identifies qualified staff who will primarily care for the child.
14.4.b. A center shall ensure that the schedule is available for reference in the child’s program area.
14.4.c. A center shall ensure that qualified staff members:
14.4.c.1. Evaluate and modify the schedule on a frequent and regular basis, according to the child’s developmental needs and in consultation with the child’s parent.
14.4.c.2. For each infant prepare a written daily report with information about a child’s activities in the following areas:
14.4.c.2.A. Food intake;
14.4.c.2.B. Sleeping patterns;
14.4.c.2.C. Bowel movements;
14.4.c.2.D. Developmental milestones, such as sitting and crawling; and
14.4.c.2.E. Unusual events.
14.5. Staffing Pattern. A center shall arrange its staffing pattern so that each child has a primary care giver who is a qualified staff member. Staff members shall interact personally with the infant, toddler, and child under school age by:
14.5.a. Holding, rocking, and playing whenever possible, including while bathing, dressing, and carrying the child;
14.5.b. Encouraging positive communication and language development by making eye-to-eye contact with the child, singing, talking, reacting to the child’s communications, naming objects, reading stories, and playing musical games;
14.5.c. Paying attention to crying and meeting the immediate needs of the child;
14.5.d. Ensuring that no child is routinely left in a crib, except for sleep or rest; and
14.5.e. Providing a child who is awake play equipment and opportunities to play freely on a clean, safe floor.
14.6. Night Time Care. When a center provides evening or nighttime care, the center shall:
14.6.a. Plan a program that respects the normal sleeping periods, and evening and morning routines of the child.
14.6.b. Establish and post a schedule for the child in consultation with the child’s parent that provides for:
14.6.b.1. Quiet activities before bedtime and opportunities for the older child to complete homework or work on projects or hobbies;
14.6.b.2. Meals and snacks;
14.6.b.3. Routine preparations for bed; and
14.6.b.4. Dressing in the morning, when appropriate.
14.6.c. Ensure that no child remains in care for more than 18 hours in a 24-hour period.
14.6.d. Ask the parent to provide for the child’s personal use a clean, comfortable, nonflammable or flame retardant sleeping garment and other personal items, such as a comb or brush, and label the child’s personal use items.
14.6.e. Ensure that staff members supervise a child’s bath or individual shower, respecting the child’s privacy according to the child’s developmental needs.
14.7. Screen Media. When a center plans to use screen media, its use must either be included on the posted daily schedule or incorporated into the group’s written lesson or activity plan. The center shall ensure that:
14.7.a. The media supplements, but does not replace traditional early childhood materials;
14.7.b. A child has a choice of other activities and materials;
14.7.c. Staff members are available to support the activity by discussing the use of the media with the child;
14.7.d. The media is developmentally appropriate and supports creative play and learning;
14.7.e. Media with sexual or violent content, profanity, or aggressive behavior is not used;
14.7.f. Each group limits the use of screen media to not more than 75 minutes per week for each child between the ages of two years and school age, and for educational or physical activity use only;
14.7.g. Each group limits the use of screen media to not more than 75 minutes per week for each school age child and for educational or physical activity use; provided the use of computers and screen media for school assigned homework is not included in the 75-minute time limit; and
14.7.h. Use of screen media is prohibited with children under the age of two years.
14.8. Special Activity. When a center participates in a special activity, the center shall provide staff who are trained and supervised to enforce safety regulations, provide necessary instructions, and identify and manage environmental and other hazards related to the special activity. Prior to the special activity, the center shall:
14.8.a. Have on file an activity plan that includes, but is not limited to:
14.8.a.1. The qualifications of the supervisor of the special activity;
14.8.a.2. The special qualifications, if any, of any other staff member necessary for adequate supervision of the activity;
14.8.a.3. A supervision plan that includes the number of staff members needed to adequately supervise the activity;
14.8.a.4. The conditions under which a child may participate in the activity, such as the child’s age or skills;
14.8.a.5. Any special equipment necessary, such as life jackets, helmets, or other safety gear; and
14.8.a.6. Special safety practices and emergency procedures.
14.8.b. Provide the parent with copy of the activity plan and have written permission dated and signed by the parent for the child’s participation in the activity.
14.8.c. Assign appropriate staff to the activity by:
14.8.c.1. Choosing a staff member for the special activity who has appropriate experience, training, or certification in the activity;
14.8.c.2. Having on file at the center verification of the responsible staff member’s experience, training, or certification; and
14.8.c.3. Ensuring that the responsible staff member is present at the site of the activity.
14.9. Water Activities. When a center plans water activities, the center shall:
14.9.a. Have on file at the center written permission dated and signed by the parent prior to the child’s participation in any water activity;
14.9.b. Ensure constant supervision of a child participating in any aspect of any activity involving water;
14.9.c. Ensure adequately prepared staff who are in the water or prepared to enter it at any time and have a system, known to the children and staff members, for checking to ensure that each child is safe when in the water;
14.9.d. Ensure that when a child is participating in a level I or Level II water activity, a staff member is present who has successfully completed training in first aid and pediatric CPR;
14.9.e. Ensure that when a child is participating in a Level II water activity, the activity is also guarded by an individual who:
14.9.e.1. Is an appropriately certified lifeguard;
14.9.e.2. Has skills in rescue and emergency procedures specific to the aquatic area and activities guarded; and
14.9.e.3. Is trained and supervised to enforce safety regulations, provide necessary instructions, and identify and manage environmental and other hazards related to the aquatic activity.
14.9.f. Ensure proper equipment and safety further by:
14.9.f.1. Evaluating the child and classifying the child as either a swimmer or a non-swimmer, prior to allowing a child to participate in a Level II water activity;
14.9.f.2. Assigning equipment, facilities, and activities equivalent to the child’s individual abilities and based on a child’s classification; and
14.9.f.3. Ensuring that rescue equipment is in full working condition, available, and accessible to a child at each water activity site.
14.10. Field Trip. When a center plans a field trip, the center shall:
14.10.a. Have on file a written field trip plan that includes:
14.10.a.1. The names of the children, staff members, and any other participants on the field trip;
14.10.a.2. The departure and return times;
14.10.a.3. The means of travel and routes to be taken;
14.10.a.4. An alternate plan in case of bad weather;
14.10.a.5. The name of a contact person at the center;
14.10.a.6. The name, address, and telephone number, if applicable, of each destination;
14.10.a.7. Relevant safety rules to be followed; and
14.10.a.8. Special emergency procedures.
14.10.b. Obtain written permission from the child’s parent prior to the field trip; and
14.10.c. Identify the name or names of the assigned qualified staff member or members responsible for the field trip who shall take with him or her a copy of the written field trip plan, first aid supplies, and emergency information for each participating child.
W. Va. Code R. § 78-1-15 Health
15.1. Child Immunization Records.
15.1.a. Upon admittance, a center shall have on file a record of a child’s immunizations or a plan for completion signed by the child’s licensed health care provider. For children experiencing homelessness and children in foster care, a grace period to complete the immunization will be based on the individual circumstances of the child; and
15.1.b. Exemption from immunization requirements shall be available for parents who provide a signed statement from the child’s licensed health care provider indicating that immunization is contraindicated based on the child’s medical condition.
15.2. Child Health Assessment.
15.2.a. A center shall have on file no later than 30 days after the admission, the child’s health records, including a record of a health assessment signed by the child’s licensed health care provider, that includes the following medical and developmental information, and any special required instructions for the center:
15.2.a.1. The child’s current height and weight;
15.2.a.2. A description of any allergy, current health problem or condition that may affect the child’s adaptation to care, including abnormal results of screening tests, for vision, hearing, tuberculosis, or lead poisoning;
15.2.a.3. Prescribed daily medications and any potential side effects;
15.2.a.4. The child’s health history, including, as applicable, information about a serious illness or significant communicable disease, an injury that required medical attention or hospitalization, a previous surgery, or a history of prematurity; and
15.2.a.5. A medical plan of care, if the child has a chronic health condition that requires specific attention or has the potential to become a medical emergency.
15.2.b. A center shall provide parents with a West Virginia Health Check periodicity chart for child health exams and shall ensure that a child’s health assessment is updated with new or current information at least every two years for the child under the age of six years.
15.2.c. If a child is between six weeks and three months of age, a center shall have on file a statement signed by the child’s licensed health care provider permitting the child to enter group care.
15.3. Medical Treatment.
15.3.a. A center shall develop, implement, and maintain health policies and procedures that include protocols to follow when medical treatment is required by a child whose parent has on file a signed statement objecting to treatment; and
15.3.b. When the child’s parent objects to medical treatment on the grounds that it conflicts with the convictions of his or her religion or conscience, the center shall have on file a statement of the objection to treatment signed by the child’s parent.
15.4. Child Illness at the Center.
15.4.a. A center shall ensure that staff members observe a child daily and watch for changes that my indicate injury, infestation, or illness, and record any observed changes in the child’s file.
15.4.b. When staff members observe changes in a child that may indicate illness or when a child is ill, staff members shall:
15.4.b.1. Remove the child to a designated quiet area to rest comfortably under supervision;
15.4.b.2. Take the child’s temperature and record it in the child’s file;
15.4.b.3. Use universal precautions, as required; and
15.4.b.4. Contact the child’s parent or other individual authorized by the parent to assume responsibility for the child.
15.4.c. When taking a child’s temperature, staff members shall not use a mercury thermometer or the rectal method for any child.
15.4.d. A center shall inform the parent and suggest that the parent consult a licensed health care provider for a child who has a fever:
15.4.e. A center shall exclude a sick child from the center:
15.4.e.1. Immediately when a child has a serious communicable illness;
15.4.e.2. When the illness prevents a child from participating in routine activities;
15.4.e.3. When a child’s illness results in a greater need for care than staff members can provide without compromising the health and safety of the other children;
15.4.e.4. When a child appears to have any of the following symptoms, unless a licensed health care provider determines that they do not indicate a communicable disease:
15.4.e.4.A. Fever with stiff neck, lethargy, irritability, or persistent crying;
15.4.e.4.B. Diarrhea in addition to signs of dehydration, such as a decrease in urination as indicated by a reduction in the number of wet diapers, no tears when crying or a decrease in activity, or blood or mucus in the stool;
15.4.e.4.C. Vomiting three or more times, or with signs of dehydration;
15.4.e.4.D. Undiagnosed rash that is accompanied by a behavior change, difficulty in breathing or joint pain, or that is characterized by open sores, blood, red, or purple pin-head spots, or bruises not associated with an injury, or lasts more than one day;
15.4.e.4.E. Mouth sores with drooling;
15.4.e.4.F. Infestation, such as scabies or head lice;
15.4.e.4.G. Abdominal pain that is persistent, or intermittent with other signs such as a fever;
15.4.e.4.H. Difficulty in breathing; or
15.4.e.4.I. Lethargy such that the child does not play.
15.4.e.5. When a child has any of the following diagnosed conditions;
15.4.e.5.A. Diarrhea and blood or mucus in the stool;
15.4.e.5.B. Contagious signs of pertussis, measles, mumps, chicken pox, rubella, or diphtheria;
15.4.e.5.C. Streptococcal infection until treated with antibiotics for 24 hours;
15.4.e.5.D. Pinkeye with yellow or white discharge;
15.4.e.5.E. Untreated tuberculosis; or
15.4.e.5.F. Other conditions as determined by a licensed health care provider.
15.4.f. When excluding a child to prevent transmission of illness or readmitting a child who has been excluded, the center shall abide by the following guidelines:
15.4.f.1. During the course of an identified outbreak of any communicable illness, the center shall exclude the child if a licensed heath care provider determines that the child is contributing to the transmission of the illness;
15.4.f.2. When a child has been diagnosed with a vaccine-preventable communicable disease, a center shall exclude the child who has not been immunized against the disease until a licensed health care provider determines that a risk of disease transmission has passed;
15.4.f.3. When a licensed health care provider excludes a child because of a communicable illness, a center shall readmit the child only after the child’s parent provides a signed statement from a licensed health care provider that the risk of transmission is no longer present, and the child is well enough to participate in center activities; and
15.4.f.4. After receiving a signed statement from a licensed health care provider that the child poses no health risk to the children at the center, the center may permit the child to remain at the center.
15.4.g. Guidelines for handling reportable diseases introduced in a center include that:
15.4.g.1. A center shall report to the local health department the introduction of a diagnosed reportable disease as listed in Appendix 78-1-B of this rule, including, chickenpox, diphtheria, giardia lamblia, hepatitis A, mumps, meningitis, pertussis (whooping cough), rheumatic fever, rubella (German measles), rubeola (measles), salmonella, shigella, and tuberculosis;
15.4.g.2. A center shall inform the parent of each child immediately of the presence of the disease and the need to contact a licensed health care provider for further information; and
15.4.g.3. A center shall complete a serious occurrence report as required under this rule.
15.4.h. Medication Administration. With advice from a licensed health care provider, a center shall develop, implement, and maintain health policies and procedures that include the following procedures for the administration of medication:
15.4.h.1. A center shall only administer medication with written permission from the child’s parent, and with a prescription or a written order from a licensed health care provider except as provided for in paragraph 15.4.h.7.;
15.4.h.2. The center shall secure instructions from the child’s parent for each medication to be administered. The center may not accept instructions that indicate to administer the medication on an as needed basis unless the order is accompanied by a medical treatment plan written by the child’s licensed health care provider which describes the as needed condition. All medication instruction must be legibly written, signed by the parent, attached to the medication log, and shall include:
15.4.h.2.A. The child’s first and last name;
15.4.h.2.B. The name of the medication to be given;
15.4.h.2.C. The reason the medication is being given; and
15.4.h.2.D. Directions for the administration of the medication including the specific dosage, specific frequency or time to be given, route to be given, and the time of the last dosage administered by the parent.
15.4.h.3. A center may secure a parent’s written permission to apply sun screen supplied by the center provided the center gives the parent information, in writing, about the product prior to its application.
15.4.h.4. A center shall store medication in its original packaging and shall place the medication in a locked cabinet or container that is inaccessible to children and can be opened only by key or combination. The container or cabinet shall be away from food and refrigerated or unrefrigerated according to instructions on the prescription, order, or label. Sunscreen, diaper ointment, and emergency medication are exempt from being stored in a locked cabinet or container but shall remain inaccessible to children.
15.4.h.4.A. Refrigerated medication shall be in a container which cannot leak.
15.4.h.4.B. If the container used is plastic, it shall be a hard-molded plastic container. Plastic bags are prohibited for storage.
15.4.h.4.C. Medication for staff shall be stored separately from children’s medication.
15.4.h.5. A center shall ensure that medication is only administered by designated qualified staff members who have passed the approved training in medication administration.
15.4.h.6. A center shall ensure that prescription medication is only administered when the prescriptive medicine bottle or package has the original pharmacy label showing the prescription number, name of the medication, date the prescription was filled, the licensed health care provider’s name, the child’s first and last names, specific, legible directions for administration and storage, and the expiration date.
15.4.h.7. A center shall ensure that non-prescription medication is only administered when the following criteria are met:
15.4.h.7.A. The center administers oral non-prescription medication for no more than three consecutive days within a 30-day period without written instruction from a licensed health care provider;
15.4.h.7.B. The center applies non-prescription topical products (ointments, creams, or lotions) for no more than five consecutive days within a 30-day period without written instruction from a licensed health care provider. Sunscreens, diaper ointments, or lip balms used for preventative purpose are excluded from this requirement;
15.4.h.7.C. The original non-prescriptive medicine bottle or package has a label with the child’s first and last names written by the parent, specific, legible directions for administration including the appropriate dosage based on weight or age, directions for storage, and verification that the medicine will not expire during the time to be used;
15.4.h.7.D. Medication to reduce fever does not contain aspirin or any product containing aspirin listed as an ingredient such as sodium bicarbonate (Alka-Seltzer®) or bismuth subsalicylate (Pepto-Bismol®);
15.4.h.7.E. Medication for teething pain that contains benzocaine is not to be used without instruction from the child’s health care provider;
15.4.h.7.F. Any topical containing diphenhydramine hydrochloride (Benadryl®) shall not be applied without written instruction from a licensed health care provider;
15.4.h.7.G. That the medication shall not be administered in a manner inconsistent with the manufacturer’s recommendations without written instructions from the child’s licensed health care provider;
15.4.h.7.H. The center shall ensure that a staff member assists as needed in the application of sunscreen or lip balm for a child up to school age. The sunscreen shall be applied in accordance with the product labeling guidelines; and
15.4.h.7.I. The center shall permit a school age child to apply his or her own sun screen or lip balm under the direct supervision of a staff member.
15.4.h.8. A center shall ensure that before administering medication when the directions are not legible, the parent checks with the child’s licensed health care provider or, if applicable, the pharmacy that filled the prescription;
15.4.h.9. When a child no longer needs the medication or its expiration date passes, a center shall return the medication to the parent, and document the date of its return. A center shall not administer medication after its expiration date;
15.4.h.10. A center shall ensure that records of medication administration are individual and kept:
15.4.h.10.A. In a medication log that is cumulative; and
15.4.h.10.B. Completed in ink by the staff member who administers the medication, and includes the child’s name, the name of the medication, the date and time of the administration, the dosage and route of the medication, the child’s reaction, if any, and the name of the staff member who administered it.
15.4.h.10.C. Sunscreen and lip balm application are not required to be logged.
15.4.h.11. A center shall ensure when a documentation error is made that a single line is drawn through the error with the staff person correcting the error initialing it.
15.4.h.12. A center shall ensure if and when a medication error is made, the staff member who makes the error:
15.4.h.12.A. Informs the center director and the parent of the child affected by the error;
15.4.h.12.B. Completes a serious occurrence report as required under this rule; and
15.4.h.12.C. Observes the child for any reaction to the error. If the child shows a reaction, contact 911, and in the case of an overdose, contacts the poison control center. If 911 service is not available to the area, then emergency services shall be contacted.
15.4.h.13. A center may permit a child to self-administer his or her own medication under the following circumstances:
15.4.h.13.A. With written permission from the child’s parent and licensed health care provider and in accordance with procedures established in this rule, a child may self-administer asthma medication, emergency allergy medication, or other similar emergency medication;
15.4.h.13.B. With written permission from the child’s parent and licensed health care provider, the center may establish procedures to permit the child, under supervision, to self-administer insulin or other injected medication that the child requires; and
15.4.h.13.C. When the child self-administers medication, qualified staff members shall keep a written record of the administration in the medication log.
15.4.h.14. A center shall have a procedure that requires medication logs be reviewed on a daily basis to ensure that medicine is being properly administered and documented.
15.4.h.15. A center shall post the “Seven Rights of Medication Administration” near to the storage of medication.
15.5. Dental Health.
15.5.a. A center shall develop a dental health plan that provides for staff training in oral health concepts and child oral health education, appropriate to the age of the children at the center.
15.5.b. Staff members shall not give a child a bottle or a sipping cup of milk or juice as a pacifier.
15.5.c. For a child of 25 months and over, a center shall ensure that the child:
15.5.c.1. Has a personally labeled toothbrush with bristles in good condition that is stored in a sanitary manner so that it does not touch another toothbrush and that its bristles are exposed to the air to dry;
15.5.c.2. Does not share his or her toothbrush with other children; and
15.5.c.3. Uses toothpaste that is dispensed in a sanitary manner.
W. Va. Code R. § 78-1-16 Nutrition and Food
16.1. A center shall have a nutrition program that provides children with meals and snacks that are consistent with the United States Department of Agriculture’s (USDA) Child and Adult Care Food Program (CACFP), Meal and Snack Patterns (Appendix 78-1-C).
16.2. Special Dietary Needs. When planning meals and snacks a center shall:
16.2.a. Consider information provided by the parent or a licensed health care provider about a child’s special dietary needs, including special needs because of a medical condition, allergy, or religious prohibition;
16.2.b. Obtain a written care plan from the parent stating any foods to be avoided, any foods to be substituted, and any need for special utensils; and
16.2.c. Keep information about the child’s special dietary needs in a location that is accessible to staff who prepare and serve food, while protecting a child’s right to confidentiality.
16.3. Frequency of Meals. A center shall offer food at intervals no more than three hours apart and ensure that no more than four hours elapse between meals and snacks for any child. A center shall provide meals and snacks according to the following requirements:
16.3.a. A center that is open from morning through afternoon shall serve a morning snack or breakfast, lunch, and afternoon snacks;
16.3.b. A center that provides care before seven o’clock in the morning shall serve breakfast; and
16.3.c. A center that provides care to the child whose planned attendance extends until after seven o’clock in the evening shall serve supper.
16.4. Requirements for Milk and Juice.
16.4.a. When serving milk, a center shall serve the child only pasteurized, inspected, Grade A approved milk to drink, and shall not use powdered milk except for cooking.
16.4.b. When serving juice, a center shall serve the child only commercially pasteurized, 100 percent, vitamin C fortified fruit juice to drink.
16.4.c. A center shall avoid concentrated sweets, such as candy, sodas, sweetened drinks, and fruit nectars.
16.5. Food Service. A center shall serve food according to the following:
16.5.a. A center shall provide a child with age-appropriate and developmentally suitable eating utensils;
16.5.b. Staff members shall encourage a child to eat the food served, but shall not coerce or force feed a child;
16.5.c. Staff members shall eat or participate in meals and snacks with a child 25 of months of age and over and shall model healthy eating habits;
16.5.d. The meals shall be served in a setting that encourages socialization, where the children and staff members are seated when eating, and staff members provide supervision and model positive eating behaviors and social interactions;
16.5.e. Food shall not be served directly on the table or chair tray; and
16.5.f. The center shall give children time to eat their food without rushing.
16.6. Menus.
16.6.a. A center shall post menus for all food served a minimum of one week in advance for the parent to see.
16.6.b. A center shall follow written menus as planned and write any changes on the posted menus.
16.6.c. A center shall date menus and keep them on file for a minimum of two months.
16.7. Food Safety. A center shall ensure that:
16.7.a. Food preparation areas, service areas, storage areas, and equipment and utensils are clean and in good repair;
16.7.b. An off-site supplier of meals or snacks has a Food Service Permit;
16.7.c. The Bureau for Public Health has approved the method of transporting and distributing the food not prepared at the center or which is served off-site;
16.7.d. Leftover portions of food that have been served are discarded;
16.7.e. Prior to serving milk to a child, except when its original container is a single service container, staff pours the milk from the original container into a clean, sanitized, and labeled bottle or a disposable, sterile bottle liner, or into a sanitized glass or single-service cup and shall not pour the milk back to its original container or store it for later use. Sanitized pitchers can be used for family style eating as long as any unused milk is discarded;
16.7.f. Ice for consumption is made with drinking water; and
16.7.g. Ice used for cooling is not consumed by the child, and water from melted ice used for cooling does not contaminate food to be served.
16.8. Additional Nutrition and Feeding Requirements for a Child 12 Months of Age and Under.
16.8.a. The center shall feed solid foods and fruit juices to a child four months of age and younger only upon receipt of and in accordance with a written plan of care signed by the child’s licensed health care provider.
16.8.b. A center caring for a child 12 months of age and under shall feed the child according to a plan developed in consultation with the parent and may include advice from the child’s licensed health care provider. Due to the differences in development and nutritional needs of an infant, a center is not required to provide baby food to an infant not yet eating table food, but must ensure that the food provided by the parent meets nutritional guidelines as found in Appendix 78-1-C. The option to have parents supply the baby food must meet the requirements of subsection 16.9. of this rule.
16.8.c. When a child is being breast fed, a center shall ensure that the child’s plan makes a provision for the mother to provide sufficient portions of breast milk or an alternative to satisfy the child throughout the day, and a center shall not give commercial formula to the child receiving breast milk without written permission from the mother.
16.8.d. For the child between six months and three years of age a center shall not replace formula or breast milk with water or juice.
16.8.e. Until a child is able to hold a bottle securely, a staff member shall hold the child while bottle feeding. When a child is no longer being held for feeding, the staff shall ensure that seating is age-appropriate and shall not prop bottles or allow the child to carry a bottle while moving about or walking.
16.8.f. For food safety a center shall:
16.8.f.1. Store perishable food, formula, and expressed breast milk in the refrigerator;
16.8.f.2. Have the parent clearly label each bottle of formula with the child’s name, contents, and the date received;
16.8.f.3. Have the parent clearly label each bottle of breast milk with the child’s name, date expressed, date frozen if applicable, and date received;
16.8.f.4. Cap bottles of formula or breast milk during storage;
16.8.f.5. Ensure each staff person follows the hand washing requirement found in section 17 of this rule prior to preparing a bottle;
16.8.f.6. Thaw frozen breast milk in the refrigerator or under cold running water. The center must not refreeze breast milk;
16.8.f.7. Not use a microwave oven to warm a bottle of formula or breast milk;
16.8.f.8. Not give any formula or breast milk that is not labeled to a child;
16.8.f.9. Discard any unused breast milk within two hours of feeding;
16.8.f.10. Clean and sanitize bottles, bottle caps, and nipples by washing in a dishwasher and storing them in a sanitary manner, or by boiling them for five minutes immediately before filling them; and
16.8.f.11. Handle baby food in the following manner:
16.8.f.11.A. A center shall not accept previously opened baby food containers;
16.8.f.11.B. A center shall remove commercially packaged baby food from its container and serve it in a clean bowl or cup;
16.8.f.11.C. A center shall not place solid food in a bottle or feeder apparatus and shall use a spoon to feed solid food in a sanitary manner; and
16.8.f.11.D. A center shall discard leftover food that has come into contact with the feeding spoon.
16.8.f.12. A center shall handle breast milk and formula in the following manner:
16.8.f.12.A. A center shall store breast milk in breast milk storage bags or hard plastic or glass bottles with tight lids only;
16.8.f.12.B. A center shall remove breast milk and bottles of formula from the refrigerator immediately before using only;
16.8.f.12.C. A center shall discard formula when it remains at a temperature higher than 41 degrees Fahrenheit for more than one hour or within one hour after a child has finished feeding; and
16.8.f.12.D. A center shall use freshly expressed or pumped breast milk, freshly refrigerated breast milk up to 4 days from the date the milk was expressed, or frozen breast milk stored in freezer for up to 12 months.
16.8.g. In order to provide sufficient amounts of safe drinking water, the center shall ensure that:
16.8.g.1. Drinking water is available to children and staff members and is freely accessible at all times; and
16.8.g.2. A single service drinking cup is discarded after one use, and a non-disposable cup or glass is washed and sanitized after each use.
16.9. A center must offer a nutrition program, but may choose to allow a child to bring meals and snacks to the center if:
16.9.a. The center has written policies that address:
16.9.a.1. Providing parents and staff with nutritional guidelines in this rule;
16.9.a.2. Providing to parents and staff guidelines on the proper preparation and storage of food so that foods do not present a cross-contamination threat;
16.9.a.3. Providing to parents and staff a list of foods the center will not permit, including known food allergens to other children;
16.9.a.4. An explanation to parents of how the center will address the issue if a child does not bring meals or snacks, or if the meals or snacks the child does bring are not within the nutritional guidelines or guidelines provided by the center;
16.9.a.5. That the food prepared from an unapproved source is for consumption by the child and not to be shared with other children or the group.
16.9.b. The center has safe storage and refrigeration of the food as needed. Storage must be approved by the Health Department;
16.9.c. Each child’s meal or snack is clearly labeled with the child’s first and last names and the date it was brought to the center;
16.9.d. No additional food preparation is required by the center;
16.9.e. The center provides a meal or snack when the parent fails to provide a meal or snack from home;
16.9.f. The center includes children with food allergies in the group during meal or snack time and closely supervises all children under school age during meal or snack time to prevent the cross-contamination of food or accidental ingestion of a food allergen; and
16.9.g. The center has milk available at meal times in accordance with meal patterns described in Appendix 78-1-C of this rule.
W. Va. Code R. § 78-1-17 Sanitation
17.1. Personal Hygiene. All individuals on the center premises or participating in center activities shall practice good personal hygiene, including:
17.1.a. Hand Washing.
17.1.a.1. Staff members shall wash their hands before starting work; and
17.1.a.2. Staff members and children shall wash their hands with soap and warm, running water for at least 20 seconds:
17.1.a.2.A. When hands are contaminated with body fluids;
17.1.a.2.B. Before preparing, handling, or serving food, or setting the table;
17.1.a.2.C. After toileting, handling diapers, or assisting a child with toilet use;
17.1.a.2.D. Before and after eating meals or snacks;
17.1.a.2.E. After handling pets or other animals;
17.1.a.2.F. Before giving medication;
17.1.a.2.G. After playing outdoors;
17.1.a.2.H. After handling garbage; and
17.1.a.2.I. After removing gloves used for any purpose.
17.1.b. Universal Precautions. With the exception of breast milk, staff members shall adopt universal precautions when exposed to blood and body fluids that might contain blood; and
17.1.c. Diapering and Toileting. A center shall ensure that diapering and toilet training follow the guidelines in Appendix 78-1-D of this rule.
17.1.c.1. Toilet Training.
17.1.c.1.A. A center shall discuss with the parent and document in the child’s record the toilet-training methods to be used with the child being trained.
17.1.c.1.B. Staff members shall not use any form of punishment in connection with toilet training.
17.1.c.1.C. Staff members shall not force a child to sit on a potty or training chair.
17.1.c.2. Toilet Equipment and Fixtures.
17.1.c.2.A. A center shall disinfect the potty or training chairs after each use; and
17.1.c.2.B. A center shall provide toilet fixtures that are sized so that the child can use them without assistance, and provide step stools, or modified toilet seats that are safe and easily disinfected.
17.2. Physical Facilities.
17.2.a. A center shall keep all areas of the premises and all equipment clean and in a neat and orderly condition at all times.
17.2.b. The center shall ensure that floors, walls, and ceiling are of easily cleanable material.
17.2.c. The center shall ensure that the floor area immediately adjacent to the diaper changing table has a moisture-resistant, non-absorbent surface extending three feet from the base of the table on all sides, except when one side of the table is against a wall.
17.2.d. The center shall have a hand-washing sink located in the immediate area of the diaper-changing space. Centers licensed prior to the effective date of this rule are not out of compliance with this requirement if the existing diaper-changing space does not include a hand-washing sink in the immediate area. Upon the effective date of this rule, the Department shall not approve an additional diaper-changing space without a sink in the immediate area.
W. Va. Code R. § 78-1-18 Animals
18.1. A center shall ensure that animals on the premises show no signs of disease or illness.
18.2. The center shall maintain documentation of current vaccinations on all dogs and cats.
18.3. A center shall not have on the premises ferrets, birds, reptiles, including snakes, lizards, and turtles, or any wild or dangerous animals.
18.4. A center shall ensure that a staff member is always present when a child is with an animal.
18.5. A center shall inform the child’s parent in advance of the presence of animals at the center.
W. Va. Code R. § 78-1-19 Safety and Emergency Operating Procedures
19.1. A center shall develop, implement, and maintain attendance policies and procedures to ensure that it has a current and updated written record of the first and last name of each child who is participating in center activities, onsite and offsite, and who is being transported in a vehicle provided by the center.
19.2. Daily Attendance Sign-In and Sign Out.
19.2.a. A center shall ensure that the responsible person bringing the child to the center signs the child in as the child arrives and that the responsible person picking up the child signs the child out as the child departs the center.
19.2.b. A center shall require the following sign-in and sign-out information:
19.2.b.1. Arrival time including the date and time;
19.2.b.2. Departure time including the date and time;
19.2.b.3. The name and signature of the responsible person who drops off the child; and
19.2.b.4. The name and signature of the responsible person who picks up the child.
19.2.c. A center shall have an attendance procedure for notifying the parent when a school-age child does not arrive as scheduled.
19.3. Transportation Log.
19.3.a. A center shall provide a passenger log to be kept by the driver of the vehicle, the designated staff member, or the volunteer riding in the vehicle that shall include the first and last names of each child boarding the vehicle. There shall be a notation on the log each time a child boards the vehicle or departs the vehicle.
19.3.b. Immediately upon unloading the last child from a vehicle, or before parking the vehicle, the driver or the designated staff member shall physically search the vehicle to ensure that all children have been unloaded. The transportation log shall then be reviewed either by the driver or the designated staff member to check that the information is correct.
19.3.c. The driver or the designated staff member shall deliver the transportation log to the person responsible for maintaining attendance records.
19.4. Daily Roster.
19.4.a. A center shall prepare a written, daily roster that includes the first and last names of each child in each group of children, the name of the staff member responsible for the group, and the space designated for use by the group both at the center and at off-site locations used during field trips.
19.4.b. Periodically throughout the day, the staff member responsible for each group of children shall check the daily roster to ensure that all children are present or accounted for.
19.4.c. A center shall keep each daily roster in a designated location where it is readily available in case of emergencies and can be used to confirm attendance following an evacuation from the premises or upon returning from a field trip.
19.4.d. A center shall ensure that its attendance procedures include accounting for a child at all times and taking action when a child is lost on or off the premises.
19.5. Emergency File. A center shall develop and maintain an emergency file with information for each enrolled child that is accessible to all staff members, including at off-site activities.
19.6. Emergency Disaster Plan. A center shall develop, implement, and maintain an emergency and disaster plan that addresses at a minimum:
19.6.a. Medical and non-medical emergencies, including situations that could pose a hazard to staff and children, such as a fire, storm, flood, chemical spill, power failure, bomb threat, persons coming onto the premises whose health or behavior may be harmful to a child or staff member, or kidnapping;
19.6.b. Evacuation from the center in the event of an emergency that could cause damage to the center or pose a hazard to the staff and children;
19.6.c. Evacuation from a vehicle used to transport children;
19.6.d. The age and physical and mental abilities of the enrolled children; types of emergencies that are likely to affect the area; the requirements of the State Fire Marshal; and advice from the Red Cross or other health and emergency professionals;
19.6.e. Review of the emergency plans with new staff during orientation and with all staff at least once a year;
19.6.f. The notification of parents of procedures for relocation and reunification during evacuation emergencies and disasters;
19.6.g. Submission of an emergency and disaster evacuation plan to the Director of the Office of Emergency Services in the county where the center is located or any other designated authority with a procedure to submit any changes to that plan by December 31 of each year;
19.6.h. In the case of a medical emergency, identification of the staff responsible for implementing the plan. The plan for a medical emergency shall include:
19.6.h.1. The procedures to be followed;
19.6.h.2. The location of a center’s first aid kit and other emergency supplies;
19.6.h.3. The location of the child’s emergency information;
19.6.h.4. The name, address, and telephone number of a health professional or facility available to provide medical consultation to the center;
19.6.h.5. The name, address, telephone number, and location of the emergency facility to be used when a center cannot reach the child’s parent or licensed health care provider, or when transporting the ill or injured child to the preferred hospital could result in a serious delay in obtaining medical attention;
19.6.h.6. Identification of a means of transportation that is always available in case of an emergency, and telephone numbers for an ambulance or other transportation that might be required; and
19.6.h.7. Other emergency telephone numbers as required in this rule; and
19.6.i. For a non-medical emergency that identifies staff members responsible for implementing the plan and includes:
19.6.i.1. The procedures to be followed;
19.6.i.2. The location of the center’s first aid kit and other emergency supplies;
19.6.i.3. The location of the child’s attendance records and emergency information;
19.6.i.4. The identification of a safe location within a center where a children and staff members can stay until the threat of danger passes;
19.6.i.5. A diagram of the routes to be used by the child and staff members to reach the safe location and a copy of the plan for moving to the safe location that the center shall post by the telephone and in each room of the center;
19.6.i.6. A procedure for notifying the local fire department when a center offers evening or night time care;
19.6.i.7. A procedure for practicing with staff members and volunteers moving to the safe location within a center at least two times a year;
19.6.i.8. A procedure for practicing relocation with staff members and volunteers two times per year;
19.6.i.9. A procedure for maintaining a written record of the dates and times when the practice sessions are conducted; and
19.6.i.10. A procedure for ensuring that a staff member determines that all of the children attending at the time of the non-medical emergency are safe during an emergency or practice.
19.7. Evacuation and Drill Plan.
19.7.a. A center shall have a plan for evacuating the center in an emergency posted by the telephone in each room of the center that identifies staff members responsible for implementing the plan that includes:
19.7.a.1. The procedures to be followed;
19.7.a.2. The location of the child’s attendance records and emergency information;
19.7.a.3. A diagram of safe routes by which the child and staff members may exit each area of the center used by the child; and
19.7.a.4. The name and address of a nearby relocation site and the name and address of a more distant relocation site that the center has arranged to use in temporarily relocating during an emergency or disaster, that can accommodate the children and staff until reunification of the children and parents can occur.
19.7.b. A center shall conduct a fire drill at least two times a month during its regular hours of operation, keeping a written record of the dates and times when fire drills are conducted.
19.7.c. When a center offers evening or night time care, a center shall also conduct fire drills during the hours of operation of its evening or night time program at least once a month.
19.7.d. A center shall ensure that a staff member is responsible for determining that all of the children attending at the time of the event have been evacuated safely during an emergency evacuation or practice.
19.8. Evacuation from a Vehicle.
19.8.a. A vehicle evacuation plan shall be posted in each vehicle regularly used by the center to transport a child that includes:
19.8.a.1. The procedures to be followed;
19.8.a.2. The location of the vehicle’s first aid kit and other emergency supplies;
19.8.a.3. The location of the vehicle’s transportation passenger log and the children’s emergency information; and
19.8.a.4. The name and address of the emergency medical facilities closest to the vehicle’s route.
19.8.b. When it provides transportation according to a regular schedule, a center shall conduct a vehicle evacuation drill at least two times a year.
19.8.c. A center shall maintain a written record of the dates and times when vehicle evacuation drills are conducted.
19.8.d. A center shall ensure that a staff member is responsible for determining that all of the children have been evacuated safely during an emergency evacuation or practice.
19.9. Staff Responsibility Regarding Medical Emergencies and Evacuation.
19.9.a. For a medical emergency at a center, a center shall develop, implement, and maintain procedures for ensuring that staff members:
19.9.a.1. Attend to the injured child with first aid or follow appropriate emergency procedures if the child is experiencing an acute condition, including an asthma attack, seizure, or life-threatening anaphylactic reaction;
19.9.a.2. Notify the parent or other individual designated by the parent to assume responsibility for the child and inform him or her of the child’s illness or injury and the center’s response; and
19.9.a.3. Complete the required documentation.
19.9.b. For a medical emergency requiring treatment at a medical facility, a center shall provide staff to:
19.9.b.1. Accompany the ill or injured child to the medical facility;
19.9.b.2. Ensure that signed authorization for treatment accompanies the ill or injured child to a medical facility;
19.9.b.3. Notify the parent or other individual designated by the parent to assume responsibility for the child and inform him or her of the child’s illness or injury and the center’s response;
19.9.b.4. Inform the medical facility that the ill or injured child is being transported for treatment; and
19.9.b.5. Obtain substitute staff, if needed, to provide adequate supervision for the children who remain at the center.
19.9.c. A center shall ensure that staff members are informed of their responsibilities in the event of an evacuation of the premises or a center’s vehicle, as required by the center’s procedures and notify the Secretary.
19.10. First Aid Kit. A center shall provide a first aid kit for every 20 children that is stored where it is easily accessible to staff members, but out of reach of the children. The location of the first aid kit shall be clearly marked and in view of the staff member. The kit shall be:
19.10.a. Equipped with band aids, a non-mercury thermometer, gauze, tape, scissors, tweezers, disposable nonporous gloves, a first aid guide, the telephone number of a poison control center, and pencil and paper. A bottle of clean water shall be stored with or accompany the first aid kit; and
19.10.b. Readily available at all times, including in the outdoor activity area, on all field trips away from the center and in each vehicle provided by the center for the transportation of children.
19.11. Telephone. A center shall provide at least one operable landline telephone that is in the center space, is not a pay station or locked telephone, and is available during the center’s hours of operation, or shall provide at least one activated mobile or cellular telephone that remains on-site at all times. Close to the location of each landline telephone or, or in case of a center using a mobile phone, in each administrative space and classroom, a center shall post:
19.11.a. The name, address, and telephone number of the center;
19.11.b. A list of emergency numbers, including 911, the fire department, police department, ambulance service, the center’s medical consultant, and a poison control center;
19.11.c. When a center operates at more than one site, the name and telephone number of the center’s principal place of business; and
19.11.d. When a center occupies space it does not own, the name and telephone number of the owner of the building.
19.12. Reporting a Serious Occurrence. A center shall:
19.12.a. Immediately inform the parent or parent’s authorized designee when a child is involved in a serious occurrence;
19.12.b. Report the occurrence verbally or via email within 24 hours or by the next work day to the Secretary, and before the end of the day, ensure that the staff member in charge prepares and signs a serious occurrence report; and
19.12.c. Complete a report of each serious occurrence ensuring that the report is signed by the staff member completing it and by the child’s parent. Copies of the report are to be placed in the child’s file and in a separate cumulative file maintained by the center.
W. Va. Code R. § 78-1-20 Environmental Safety
20.1. A center shall take all necessary precautions to ensure an accident-free and smoke-free environment for the children, staff members and visitors to the center.
20.1.a. Smoking and tobacco product use by anyone is prohibited on the premises and everywhere in the presence of children.
20.1.b. Smoking is prohibited anytime in vehicles operated by the center, even in the absence of children.
20.1.c. All tobacco products, lighters, and matches shall be kept out of the children’s reach and sight. 20.2 Safety of Premises, Furnishings, Equipment, and Supplies. A center shall:
20.2.a. Ensure that the premises, furnishings, equipment, and supplies are in good repair and present no hazard to the health and safety of the children;
20.2.b. Only use furnishings, equipment and supplies that meet the standards of the Consumer Product Safety Commission (CPSC) and shall not use any product recalled by the CPSC;
20.2.c. Position indoor and outdoor furnishings, equipment, and supplies to:
20.2.c.1. Allow a child freedom to participate in center activities;
20.2.c.2. Permit direct access to emergency exits; and
20.2.c.3. Provide clear sight lines for staff supervision;
20.2.d. Ensure that sleeping equipment, including cribs, cots, and beds are a minimum of 24 inches apart from each other on all sides;
20.2.e. Maintain a temperature not less than 68 degrees Fahrenheit at floor level and not higher than 85 degrees Fahrenheit, in all rooms occupied by a child;
20.2.f. Ensure sufficient lighting by:
20.2.f.1. Providing a minimum of 50 foot-candles of illumination at floor level, in rooms occupied by a child for program activities;
20.2.f.2. Providing at least 30 foot-candles of illumination at floor level in areas not occupied by a child;
20.2.f.3. Providing light for supervision when a child is sleeping; and
20.2.f.4. Provide outdoor lighting at all entrances and exits used by a child when a center operates evening or night time programs.
20.3. Potential Hazards of Premises, Furnishings, Equipment, and Supplies.
20.3.a. Firearm Prohibition. A center shall prohibit firearms unless carried by a regulatory or law enforcement professional in the line of duty; and shall prohibit projectile weapons, including pellet or BB guns, darts, cap pistols, bows and arrows, slingshots, and paint ball guns.
20.3.b. Hazardous Chemical and Toxic Items. A center shall ensure that:
20.3.b.1. Products containing potentially hazardous chemicals, including identified poisons, medications, certain cleaning supplies, and art supplies, not clearly labeled as “nontoxic,” are inaccessible to the children in a locked cabinet away from food, and when possible, stored in their original containers and never in containers originally designed for food; and
20.3.b.2. For each product containing potentially hazardous chemicals, a center has on file a material safety data sheet, available at the point of purchase or from the manufacturer.
20.3.c. Lead Paint. A center shall seal or remove lead paint from the premises according to current safety standards and at a time when the children are absent during the entire sealing or removal process. The center shall secure approval from the Health Department prior to implementing a plan to deal with lead paint.
20.3.d. Electrical Equipment.
20.3.d.1. Electrical cords. A center shall ensure that each electrical cord is insulated and in good repair.
20.3.d.2. Extension cords and plug-in strips. A center shall not use an electrical extension cord except on a temporary basis, but if using it shall ensure that the cord is in good repair. A center may use an electrical multiple plug-in strip with a circuit breaker in good repair.
20.3.d.3. Electrical Outlet. A center shall ensure that when an electrical outlet within reach of a child younger than school age is not in use, it is protected by a cover.
20.3.d.4. Electrical Appliance. A center shall not locate an electrical appliance in an activity area used by a child except for a brief period when an adult supervises the use of the electrical appliance for a program.
20.3.e. Microwave Oven. If a center uses a microwave oven, the center shall train staff members in the correct use and potential dangers of the oven and post a warning on or near the oven to check the temperature of food heated in the oven before feeding it to a child.
20.3.f. Heating Devices. A center shall provide a shield to protect the children from a hot pipe or radiator and shall not use unvented fuel fire heaters.
20.3.g. Doors. A center shall ensure that:
20.3.g.1. All doors close properly, and fire doors are closed at all times; and
20.3.g.2. All clear glass doors are clearly marked at the children’s eye level.
20.3.h. Floors. A center shall firmly anchor all floor coverings.
20.3.i. Barriers and Gates. The center shall ensure that:
20.3.i.1. All temporary walls or items being used as physical barriers are firmly anchored or cannot be moved or tipped by a child so that they pose no threat to the safety of the child; and
20.3.i.2. Stairways to which the child has access have appropriate railings and safety gates or other barriers at the top and bottom.
20.3.j. Strings, Cords and Hanging Items.
20.3.j.1. When a child wears a piece of clothing with a drawstring, a center shall:
20.3.j.1.A. Inform the child’s parent of the potential risk of strangulation; and
20.3.j.1.B. Ensure that prior to the child’s participation in an activity, staff members remove or secure any drawstring that might pose a risk to the child.
20.3.j.2. Pacifiers. A center shall ensure that a pacifier attached to a string or ribbon that is six inches or more in length, is not placed around a child’s neck or affixed to the child’s clothing.
20.3.j.3. A center shall ensure that a child under school age does not have access to a string or cord that is six inches or more in length and attached to a fixed object, such as a window shade, or access to other hanging items, such as a tablecloth.
20.4. Outdoor Safety.
20.4.a. Barriers and Exits.
20.4.a.1. A center shall ensure that the outdoor activity area for a child under school age:
20.4.a.1.A. Is enclosed on all sides by a natural barrier or secure fence that is at least four feet high with a bottom edge that is less than three-and-a-half inches from the ground;
20.4.a.1.B. If it has a fence, the fence has no openings greater than three-and-a-half inches;
20.4.a.1.C. If it has a natural barrier, the barrier has the strength and density to prevent humans and animals from entering or exiting the playground;
20.4.a.1.D. If it is attached to a building, the barrier or fence provides at least two exits from the play area, including one exit that is at a distance from the building; and
20.4.a.1.E. When it has an exit that does not lead directly indoors, that it is protected by a gate equipped with a closure mechanism that is out of the reach of a small child and prevents the child from leaving the play area but can be easily opened by an adult.
20.4.a.2. A center may use an unenclosed outdoor activity area for school-aged children if it is determined to be hazard-free by the Secretary.
20.4.b. Surfaces for Play Area. A center shall ensure:
20.4.b.1. That the play area has more than one type of surface, including a surface that is suitable for children’s wheeled vehicles and pull toys;
20.4.b.2. That the surface of the play area in an equipment use zone complies with the current Consumer Product Safety Commission’s publication entitled “Public Playground Safety Handbook,” publication # 325, sections 2.4. et seq. and 5.3. et seq. A licensee whose outdoor space was approved prior to July 1, 2014, and who remains in compliance with the previous rule, and who does not undergo renovation or relocation of the outdoor space, has until July 1, 2018, to comply with the current requirements.
20.4.c. Hazards. A center shall ensure that:
20.4.c.1. The play area is well drained and free of debris;
20.4.c.2. The outdoor environment is clear of hazards and all potential hazards such as heat pumps, air conditioning units, wiring, meters, and telephone boxes, are inaccessible to the child;
20.4.c.3. The child is protected from moving vehicles; and
20.4.c.4. When there is reason to believe that exposure to the soil in the outdoor activity area might harm the child, it has on file evidence that the soil does not contain hazardous levels of any toxic chemical or substances.
W. Va. Code R. § 78-1-21 Pest Management
21.1. A center shall document that it has an integrated pest management program as required by the WV Department of Agriculture.
21.2. A center shall provide for insect and rodent control that does not compromise the safety of children.
W. Va. Code R. § 78-1-22 Transportation. When providing transportation, a center shall ensure that:
22.1. The vehicle used is currently licensed, inspected, insured, and is equipped with signs and warning lights or alternative warning devices as required by W. Va. Code §17C-12-7a;
22.2. Any vehicle used for transportation that has a capacity that exceeds 10 passengers shall be a school bus or multifunction school activity bus equipped with passenger safety restraints appropriate to the children being transported. Provided no school bus shall be operated that has aftermarket installed seat belts without certification from the installer that the school bus seat was seat belt ready prior to the installation and that the bus continues to meet federal safety standards for school buses after the installation;
22.3. The driver holds a current driver’s license for the type of vehicle being driven;
22.4. The driver or a qualified staff member ensures that each child is in an approved child safety restraint system appropriate to the age and size of the child;
22.5. The vehicle is equipped with emergency supplies, including a first-aid kit, fire extinguisher, and, if only one adult is in the vehicle, a mobile telephone or two-way radio;
22.6. When the center owns the vehicle, identifying information is placed on the outside of the vehicle, which can be read by a pedestrian or other passing vehicle, that includes the name, address, and telephone number of the center; and
22.7. When the center owns the vehicle, a weekly safety check is conducted and recorded. The safety check shall include vehicle tire pressure, headlights, windshield wipers, emergency flashers, brake lights, turn signals, first aid kit, gas gauge, oil, and other fluids.
W. Va. Code R. § 78-1-23 School-Age Program
23.1. Centers which operate school-age programs shall comply with previous sections of this rule except as follows:
23.2. Training.
23.2.a. Prior to working with children, staff in a summer recreation camp or day camp shall have:
23.2.a.1. Current pediatric CPR certification;
23.2.a.2. Current child first aid training;
23.2.a.3. Training in child abuse recognition and prevention;
23.2.a.4. Approved training in medication administration if applicable;
23.2.a.5. Training in guidance and discipline, behavior management, and conflict resolution related to the age of children in care; and
23.2.a.6. An additional four hours of instructional training related to camp responsibilities.
23.2.b. Summer recreation camp and day camp staff are not required to maintain a WVTCECE credential.
23.2.c. Summer recreation camps and day camps shall have a plan for training late-hires and substitutes who were unable to attend pre-camp training.
23.3. Staff Responsibilities and Qualifications.
23.3.a. In addition to the qualifications stated in section 9 of this rule, qualified staff members acting as a person in charge in a summer recreation camp or day camp shall:
23.3.a.1. Be at least 21 years of age;
23.3.a.2. Have at least one season of leadership experience in a summer recreation program; and
23.3.a.3. Have knowledge of the camp administrative practices.
23.3.b. Director
23.3.b.1. When the center operates a school-age program only, the director may substitute the early childhood credit hours described in section nine of this rule with credit hours in elementary education;
23.3.b.2. The director of a summer recreation camp shall substitute the early childhood credit hours described in section nine of this rule with credit hours in recreation or elementary education;
23.3.c. Qualified staff positions may substitute the early childhood credit hours described in section 9 of this rule with credit hours in elementary education.
23.3.d. Teen aides used in school-age programs shall be at least 16 years of age.
23.4. Supervision of Children in Groups.
23.4.a. In determining and maintaining the staff-to-child ratio, the school-age program shall not include any staff member who is performing other duties such as cooking, bookkeeping, or any individual with designated responsibility for a special activity except in an emergency situation when staff may be reassigned to supervise the children.
23.4.b. In a summer recreation camp program, a certified lifeguard employed by the center may be used to meet staff-to-child ratio provided the program is using a pool that is reserved exclusively for the program and at least one other staff person who is not lifeguarding is present to supervise the group.
23.4.c. An individual school-age child may be permitted to go to a non-public rest room unattended if the restroom is within vision of a supervising staff person.
23.4.d. Two or more school-age children going to the same restroom at the same time must be accompanied to the restroom by staff and be within staff hearing at all times.
23.5. Staff interaction, Guidance, and Supervision.
23.5.a. The school-age program shall group children according to their developmental levels and skill levels taking into account that the physical, emotional, intellectual, and social development of early middle childhood differs from that of older middle childhood and pre-adolescence.
23.5.b. A center shall ensure that staff members in school-age programs have the skills and training to respond to the needs of the older child and recognize that interactions with the school-age child differ significantly from interactions with the younger child. The staff members shall:
23.5.b.1. Be available and responsive to the child;
23.5.b.2. Engage the child in meaningful conversation about events of importance and topics of interest, encouraging the child to share experiences, ideas, and emotions;
23.5.b.3. Listen to the child with attention and respect;
23.5.b.4. Help a child develop problem-solving skills by describing problems and encouraging him or her to evaluate the situation;
23.5.b.5. Facilitate learning by guiding, providing positive reinforcement, encouraging efforts, and recognizing accomplishments; and
23.5.b.6. Have developmentally appropriate expectations of a child’s social behavior.
23.5.c. At all times, staff members shall provide positive guidance that is appropriate to each child’s age, understanding, and circumstances. Staff members shall:
23.5.c.1. Teach by example;
23.5.c.2. Recognize and encourage acceptable behavior;
23.5.c.3. Make eye contact with the child whenever possible when speaking to the child;
23.5.c.4. Supervise with kindness, understanding, and firmness;
23.5.c.5. Set expectations for behavior, define clear limits, set fair and consistent rules and when appropriate, permit the school-age child to participate in the development of rules and procedures;
23.5.c.6. Help a child develop self-control to assume responsibility for his or her own actions;
23.5.c.7. State expectations in the positive; and
23.5.c.8. Visually post expectations so that children are encouraged to regulate their own behaviors.
23.5.d. When unacceptable behavior persists with the school-age child, the qualified staff member in accordance with the child’s age and developmental level shall:
23.5.d.1. Talk with the child privately and calmly;
23.5.d.2. Help the child to verbalize the expectation that is not being met;
23.5.d.3. Help the child to verbalize the reason for the expectation;
23.5.d.4. Help the child to verbalize acceptable choices and possible solutions; and
23.5.d.5. Help the child to verbalize possible consequences if the unacceptable behavior continues.
23.5.e. When conflict between children becomes physical, staff shall intervene immediately and use positive problem-solving methods.
23.6. Space. When a center operates a summer recreation camp:
23.6.a. The center shall provide at least 10 square feet of useable indoor activity space per child inside or provide a covered permanent structure that has the required activity space;
23.6.b. The center shall submit a plan for the Secretary’s approval for outdoor activity space to meet the children’s outdoor activities requirement and shall use the outdoor space only after receiving the Secretary’s written approval.
23.7. Toilets. A summer recreation camp program that receives written approval from the local health department may use a commercial portable toilet and warm water, soap, paper towels, rinse water, and a pit or other method for disposing of waste water.
23.8. Program. Programs for school-age children shall:
23.8.a. Meet the goals of the center as established by the statement of purpose;
23.8.b. Be based on knowledge of child development for the school-age child;
23.8.c. Have a schedule for routines that is posted and is predictable and in accordance with subsection 14.1. of this rule other than the following:
23.8.c.1. Out-of-school time programs shall reflect the time of day and the number of hours that care is provided before school, after school, and on days when school is closed;
23.8.c.2. Out-of-school time programs shall provide activity that transitions the child from home to school in the morning and from school to home in the evenings;
23.8.c.3. Summer recreation camps shall have a schedule that provides for outdoor or off-site activity 80 percent of the time weather permitting.
23.8.d. Have varied and well-planned activities;
23.8.e. Have a qualified staff person verbally communicate the expectations for each activity;
28.8.f. Have activities which are age appropriate, offer challenges, and incorporate skill level progression of the school-age child;
28.8.g. Offer options when it is recognized that the skill level is too difficult for the child;
28.8.h. Engage children in decision making and program activity development;
23.8.i. Offer the opportunity for projects that can be completed independently with only guidance from staff;
23.8.j. Offer group projects, group play and interest group involvement;
23.8.k. Offer interest centers such as art, dramatic play, school work, science, nature, music, reading, construction, physical activity;
23.8.l. Include activities within the community such as field trips, community work projects, or volunteer activities;
23.8.m. Include diversity within activities;
23.8.n. Offer activities without bias to gender; and
23.8.o. Encourage the development of life skills.
23.9. A center operating a summer recreation camp may allow for an occasional overnight activity. When offering the overnight activity, the summer recreation camp shall:
23.9.a. Have a written plan of the activity and its oversight that is kept in an administrative file;
23.9.b. Provide staff with written instructions on the operation of the activity;
23.9.c. Provide parents with written information and any special instructions for the activity;
23.9.d. Ensure that the child’s daily nutritional requirements are met;
23.9.e. Ensure there is safe drinking water available;
23.9.f. Provide a mat, cot, or bed for each child;
23.9.g. Not have a child in care for more than 24 hours; and
23.9.h. Ensure that no staff member must remain awake for more than 18 hours and that if children are sleeping at least one staff member is awake at all times.
23.10. Nutrition. A center with an out-of-school time program shall serve a snack to the school-age child arriving after school.
23.11. Emergency procedures. A summer recreation camp and day camp shall comply with section 19 of this rule regarding emergency procedures except as set forth in this subsection:
23.11.a. The camp shall have a procedure for practicing moving to the safe location within the first two days of camp and mid-way through the summer;
23.11.b. The camp shall teach and implement a system that has staff and children taking account of children in the camp and immediately reporting if a child is missing;
23.11.c. A qualified staff member assigned to each group of children shall be responsible for carrying or having immediately available a first aid kit; and
23.11.d. When a center operates a summer recreation camp program or day camp program at a site where a direct-line telephone is not available then the center shall ensure that staff members have access to a working communication device that will allow contact to emergency personnel.
W. Va. Code R. § 78-1-24 Enforcement Actions
The Secretary may revoke or make a license provisional, or issue an order of closure to a Child Care Center in accordance with W. Va. Code 49-2-101, et seq.
TITLE 78
LEGISLATIVE RULE
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
SERIES 1
CHILD CARE CENTER LICENSING
APPENDICES
78-1-A: EQUIPMENT AND MATERIALS FOR PROGRAM ACTIVITES
78-1-B: REPORTBLE ILLNESSES
78-1-C: NUTRITION – MEAL AND SNACK PATTERNS
78-1-D: DIAPER CHANGING AND TOILET TRAINING
78-1-E: STAFF-TO-CHILD RATIO
APPENDIX 78-1-A: EQUIPMENT AND MATERIALS FOR PROGRAM ACTIVITIES
TABLE A: EQUIIPMENT AND MATERIALS FOR THE CHILD UP TO 6 MONTHS OF AGE
Non-breakable Mirrors: well-secured crib and wall mirrors; Dolls: soft-bodied or rag dolls;
Stuffed Toys: washable stuffed toys and play animals; Puppets: simple hand puppets of visual and social interest for holding by adults.
Visuals: materials that provide a focus for the child’s eyes; Grasping Toys: simple rattles, teething toys, squeeze toys, sturdy cloth toys, disks, or keys on a ring, interlocking rings, grasping balls.
Musical Instruments: bell on a handle, wrist or ankle bells, rattles; Audio-Visual: adult-operated music boxes, tapes or discs with gently rhythmic songs or lullabies.
Large-Movement: balls to clutch.
TABLE B: EQUIIPMENT AND MATERIALS FOR THE CHILD 7 TO 12 MONTHS OF AGE
Non-breakable Mirrors: well-secured wall mirrors, unbreakable hand mirrors; Dolls: soft-bodied or rag dolls; Stuffed Toys: washable stuffed toys and play animals, soft rubber or vinyl animals for grasping and exploring; Puppets: simple hand puppets of visual and social interest for holding by adults; Transportation: simple transportation toys of one piece with wheels or rollers that may make a noise when pushed (for the child who can sit and is mobile).
Grasping Toys: teething toys, beads on rings, rubber or plastic pop beads, squeeze-squeak toys, sturdy cloth toys, disks, or keys on a ring, interlocking rings, grasping balls; Construction: light-weight blocks for grasping and stacking; Puzzles: simple two- or three-piece fit-together objects used as grasping toys; Skill-Development: pop-up boxes, simple activity boxes or cubes, texture pads, simple nesting cups, stacking ring cones, container to empty and fill; Books: small picture books of cloth or plastic or cardboard to hold; simple picture books for lap reading.
Art and Crafts: large, nontoxic crayons, large paper taped to a surface; Musical Instruments: bell on a handle, wrist or ankle bells, rattles or materials that make a sound when shaken, banging materials that are simple and light-weight; Audio-Visual Materials: adult-operated tapes or discs with simple rhymes and songs.
Large-Movement: push and pull toys without rods, such as simple cars on large wheels or rollers; Balls and Sports: balls, including clutch and texture balls, chime, flutter, and action balls; Outdoor and Gym: safe swings sized and designed for infants, low, soft, or padded climbing platforms for the child who crawls.
TABLE C: EQUIIPMENT AND MATERIALS FOR THE CHILD 13 - 24 MONTHS OF AGE
Grasping Toys: (the child may be losing interest in small hand-held manipulatives); Sand and Water: simple floating objects that are easily grasped in one hand, a small shovel and pail, and (from about 18 months) nesting materials for pouring, funnels, colanders, water activity centers and small sand tools; Construction: light blocks made of soft cloth, rubber or rounded plastic, wooden cubes for grasping and stacking (15 – 25 pieces) and (from about 18 months) unit blocks (20 – 40 pieces), large plastic bricks of the press together type; Puzzles: simple pre-puzzles or form boards in familiar shapes (2-3 pieces) and (from about 18 months) fit-in puzzles with very firmly attached knobs (3-5 pieces); Skill-Development: pop-up boxes that operate easily, simple activity boxes or cubes with doors, lids or switches, simple nesting cups and stacking materials, and (from about 18 months) activity boxes with more complex mechanisms such as a turning knob or dial or simple key, simple lock boxes, more complex nesting materials, objects in closed containers that may be opened, stacking materials (4-5 pieces), cylinder blocks, pegboards with a few large pegs, simple matching and lotto materials; Books: picture books made of cloth, plastic or cardboard, simple picture and rhyme book with repetition for lap reading, and (from about 18 months) touch-me or tactile books.
Art and Crafts: a few large, nontoxic crayons and large paper taped to a surface; Musical Instruments: rhythm instruments operated by shaking (bell, rattles) and (from about 18 months) instruments for banging (cymbals, drums); Audio-Visual Materials: adult-operated tapes or discs, music with simple repeating rhythms, rhymes and songs, and (from about 14 months) music to “dance” (bounce) to, and (from about 18 months) simple point-to and finger-play games and songs.
Large-Movement – Push and Pull Toys: push toys with rods with handles on the ends, toys to push along the floor, including simple cars or animals on large wheels or rollers, and (from about 18 months) simple doll carriages and wagons and push and pull toys filled with multiple objects; Balls and Sports: soft, light-weight balls especially balls with interesting audio or visual effects, larger balls including balls the size of beach balls, and (from about 18 months) balls for beginning throwing and kicking; Ride-On Equipment: stable ride-ons propelled by pushing with the feet, ride-ons with storage bins; Outdoor and Gym: climbing platforms that are low, sort or padded, tunnels for climbing through, baby swings made of energy-absorbing materials with seats curved or body shaped and a front closing, and (from about 18 months) low toddler stairs with handrails.
TABLE D: EQUIIPMENT AND MATERIALS FOR THE CHILD 24 - 36 MONTHS OF AGE
Non-breakable Mirrors: well-secured unbreakable wall mirrors, unbreakable hand mirrors; Dolls: soft-bodied or washable rubber or vinyl baby dolls, simple accessories for care giving (feeding, diapering and sleeping), dolls clothes that are simple and removable, small peg or other people figures for fantasy scenes; Stuffed Toys: soft rubber, wood or vinyl animals for exploration and pretend play, including mother and baby animals; Puppets: small hand puppets sized to fit the child’s hand and representing familiar human and animal figures and community diversity; Transportation: small cars and vehicles to use with unit blocks; larger vehicles for pushing and fantasy play, large wood trucks to ride on, simple trains with coupling systems but no tracks; Role-Play: dress-up materials, housekeeping equipment, simple doll equipment; Play Scenes: small people or animal figures with simple supporting materials such as a vehicle or barn, or unit blocks to make familiar scenes.
Sand and Water: people, animals, and vehicles for fantasy play, small containers for pouring, small tools such as a shovel or scoop; Construction: wooden unit blocks, large plastic bricks, large nuts and bolts; Puzzles: 4-5 pieces fit-in puzzles (from 24 months), and (from 30 months) 6-12 pieces fit-in puzzles; Skill-Development: 5-10 pieces to nest or stack, simple lock boxes, hidden-object pop-up boxes, safe pounding/hammering toys, cylinder blocks, shape sorters, matching materials, color or picture dominoes, feel bags or boxes or smell jars; Books: sturdy books with heavy paper or cardboard pages, tactile or touch-me, pop-up or hidden picture and dressing books; Pattern-Making: peg-boards with large pegs, color cubes, magnetic boards with forms; Dressing, Lacing, Stringing: large beads, cards and frames.
Art and Crafts: large, nontoxic crayons and markers, adjustable easel, large paint brushes, nontoxic paint and finger paint; large paper, colored construction paper, blunt-ended scissors, chalkboard and large chalk; Musical Instruments: rhythm instruments operated by shaking (bell, rattles) or banging (cymbals, drums) and more complex instruments (tambourine, sand blocks, triangle, rhythm sticks); Audio-Visual Materials: adult-operated tapes or discs, music with repeating rhythms for rhythm instruments, music to “dance” (bounce) to, simple point-to and finger-play games and songs, short films and videos of familiar objects and activities.
Large-Movement – Push and Pull Toys: simple doll carriages and wagons, push toys that look like adult equipment; Balls and Sports: balls of all sizes, especially balls for kicking and throwing; Ride-On Equipment: stable ride-ons propelled by pushing with the feet, bouncing or rocking ride-ons, and (as the child nears 36 months) small tricycles; Outdoor and Gym: tunnels, appropriately sized and safe swings, low climbing structures, and slides.
TABLE E: EQUIIPMENT AND MATERIALS FOR THE CHILD 36 -72 MONTHS OF AGE
Mirrors: full-length mirrors, unbreakable hand mirrors; Dolls: washable rubber or vinyl baby dolls and (for the child over 60 months), child-proportioned dolls with culturally relevant features and skin tones, accessories for care giving (feeding, diapering and sleeping), dolls clothes that are simple and removable, small peg, or other people figures for fantasy scenes; Stuffed Toys: rubber, wood, or vinyl animals for pretend play and to provide replicas of real domestic and wild animals for learning; Puppets: small hand or arm or finger puppets sized to fit the child’s hand and representing familiar human and animal figures and community diversity, simple puppet theater; Transportation: cars and vehicles to use with unit blocks; larger vehicles with simple working parts for pushing and fantasy play, large wood trucks to ride on, small trains with magnetic or hook connections and simple wood tracks; Role-Play: detailed and culturally-relevant dress-up materials and props, housekeeping equipment, doll equipment; Play Scenes: small people or animal figures with simple supporting materials such as a vehicle or road sign or barn, to use with blocks or other materials to make familiar scenes.
Sand and Water: people, animals, and vehicles for fantasy play, small containers for pouring or measuring, large and small sand tools, and (after 48 months) sand molds and a water pump; Construction: wooden unit blocks, large hollow blocks, plastic bricks, and (from 48 months) most types of interlocking blocks, except metal or very small blocks; Puzzles: (at 36 months) fit-in or framed – puzzles up to 30 pieces; (at 48 months), 20-30 pieces; (at 60 months) up to 50 pieces; simple jig-saw puzzles – 10-25 pieces; number and letter puzzles, puzzle clocks; Skill-Development: materials for matching and sorting and ordering, geometric concept materials, number materials that are simple and concrete, measuring materials, simple mechanical devices such as gears and levers, science materials, natural materials to sort, plants and animals to care for, printmaking materials, beginning computer software; Books: picture books with simple stories and rhymes, complex pop-up books, age-appropriate stories; Pattern-Making: peg-boards with smaller pegs, color cubes, magnetic boards with forms, and (from 48 months) a variety of beads for stringing, mosaic books, felt boards, and (by 60 months) block printing materials; Dressing, Lacing, Stringing: cards and frames for lacing and sewing and (from 60 months) beginning weaving materials; Games: dominoes based on color or picture, simple matching and lotto games, bingo, and (from 48 months) simple card games, and games requiring fine motor coordination, first board games based on chance not strategy, and (from 60 months) dominoes based on number and bingo or lotto based on letter or number matching.
Art and Crafts: large, nontoxic crayons and markers in many colors, adjustable easel, paint brushes of various sizes, nontoxic paint and finger paint; large paper, colored construction paper, easy-to-use-round-ended scissors, chalkboard and large chalk, paste and nontoxic glue, collage materials, clay and dough and tools, and (from 48 months) workbench and hammer, and (from 60 months) smaller crayons and markers, watercolor paints and simple sewing forms with blunt needles; Musical Instruments: all rhythm instruments, blowing instruments (for one-child use only) Audio-Visual Materials: live or recorded music for singing, movement, or use with rhythm instruments, adult-operated tapes or discs with songs, rhymes, and stories for listening, short films and videos.
Large-Movement – Push and Pull Toys: small wagons and wheelbarrows, push toys that look like adult equipment, and (from 60 months) full-sized wagons and sweepers that really work; Balls and Sports: balls of all sizes, especially balls for kicking and throwing, and (from 48 months) lightweight softballs and bats, and (from 60 months) jump rope and a lightweight flying disc; Ride-On Equipment: tricycles sized to the child, three and four-wheeled pedal toys, vehicles with a steering mechanism, full size rocking or bouncing “horse,” ride-ons that several children can use together, and (from 48 months) low-slung tricycles; Outdoor and Gym: stationary outdoor climbing equipment, appropriately sized and safe swings, and (from 48 months) slides with side rails and ladders and, ropes or hanging bars and rings on a swing or climbing equipment and outdoor building materials.
TABLE F: EQUIIPMENT AND MATERIALS FOR THE CHILD 6 -8 YEARS OF AGE
Mirrors: mirrors that adults would use, unbreakable hand mirrors; Dolls: washable rubber or vinyl baby dolls with culturally relevant features and skin tones and accessories for care giving (feeding, diapering and sleeping), small peg or other people figures for fantasy scenes; Stuffed Toys: realistic rubber, wood, or vinyl animals to incorporate into scenes and models or show characteristics for learning; Puppets: puppets that represent familiar and fantasy figures for acting out stories, simple puppet theater; Transportation: generic small models of cars and vehicles, construction or workbench materials to make models of forms of transportation; Role-Play: materials for creating and practicing real-life activities and letter-creating materials; Play Scenes: small people or animal figures with supporting materials to create fantasy scenes or models related to curriculum themes.
Construction: large number of varied materials for detailed construction and for creating models (including metal parts and nuts and bolts); Puzzles: three-dimensional puzzles, and jig-saw puzzles with 50 to 100 pieces; Skill-Development: materials for making books, math manipulatives and fraction and geometrical materials, measuring materials, science materials, natural materials to examine and classify, plants and animals to study and care for, computer programs for language arts and books at a wide variety of difficulty levels for children to read, story books for reading aloud, books made by the children; Books: picture books with simple stories and rhymes, complex pop-up books, age-appropriate stories; Pattern-Making: mosaic tiles, geometric puzzles, art and craft materials for creating permanent designs; Dressing, Lacing, Stringing: bead stringing, braiding, weaving, spool-knitting and sewing materials; Games: simple card and board games, games based on words, reading and spelling, memory, and numbers and counting (dominoes, Pachisi) and beginning strategy games (checker, Chinese checkers).
Art and Crafts: a large variety of materials – crayons, markers, colored pencils, art chalks and pastels – in may colors, paint brushes of various sizes, a variety of paints including water colors, a variety of art papers for drawing and tracing and painting, regular scissors, paste and nontoxic glue, collage materials, clay that hardens, tools, more complex printing equipment, craft materials – simple looms, leather for sewing and braiding, papier-mâché, plaster of paris, beads for jewelry, and a workbench with tools and wood for projects; Musical Instruments: a wide range of real instruments Audio-Visual Materials: live or recorded music for singing, movement or use with rhythm instruments, adult-operated tapes or discs with songs, rhymes and stories for listening or for the child’s independent use.
Balls and Sports: youth or standard-size balls and equipment for beginning team play, materials for target activities; Ride-On Equipment: (riding bicycles is no longer considered a center activity); Outdoor and Gym: complex climbing structures including ropes, ladders, hanging bars and rings.
Source: Adapted from Martha B. Bronson, The Right Stuff for Children Birth to 8: Selecting Play Materials to Support Development (Washington, D.C.: National Association for the Education of Young Children, 1995.)
APPENDIX 78-1-B: REPORTABLE ILLNESSES
Reporting of communicable diseases is required by W. Va. Code §16-3-1 and 64CSR7. The Centers for Disease Control and Prevention designates infectious diseases that require notification to public health authorities. Every year, case definitions are updated. They provide uniform criteria of national notifiable infectious and non-infectious conditions for reporting purposes. The list of infectious diseases and non-infectious conditions by year is located at https://ndc.services.cdc.gov/. The local health department should be contacted regarding any questions.
For questions or disease reporting or for epidemiologic consultation, the local health department or the WV Bureau for Public Health, Division of surveillance and Disease Control should be contacted at the following: HIV/AIDS Surveillance 1-800-423-1271; Immunization Program 1-800-642-3634; STD Program 1-800-642-8244; Tuberculosis Program 1-800-330-8126; all other diseases 1-800-423-1271 or 304-558-5358. The website address is: https://dhhr.wv.gov/bph/Pages/default.aspx. Emergency contact information is (304)558-6900.
APPENDIX 78-1-C: NUTRITION -- MEAL AND SNACK PATTERNS
When planning meals and snacks, child care centers shall follow the meal and snack patterns developed for the United State Department of Agriculture’s (USDA) Child and Adult Care Food Program (CACFP) or the West Virginia Leap of Taste Child Nutrition Standards (WV CACFP standards). The tables shown are current at the effective date of this rule; please refer to the following web site for current meal and snack patterns: https://www.fns.usda.gov/cacfp.
Table A §78-1-16.1 Infant Meal Pattern – Breakfast Breakfast Birth through 5 months 6 through 11 months 4-6 fluid ounces breastmilk or formula 6-8 fluid ounces breastmilk or formula; and 0-4 tablespoons infant cereal meat, fish, poultry, whole egg, cooked dry beans, or cooked dry peas; or 0-2 ounces of cheese; or 0-4 ounces (volume) of cottage cheese; or 0-4 ounces or 1/2 cup of yogurt; or a combination of the above; and 0-2 tablespoons vegetable or fruit or a combination of both Table B §78-1-16.1 Infant Meal Pattern – Lunch and Supper Lunch and Supper Birth through 5 months 6 through 11 months 4-6 fluid ounces breastmilk or formula 6-8 fluid ounces breastmilk or formula; and 0-4 tablespoons infant cereal meat, fish, poultry, whole egg, cooked dry beans, or cooked dry peas; or 0-2 ounces of cheese; or 0-4 ounces (volume) of cottage cheese; or 0-4 ounces or 1/2cup of yogurt; or a combination of the above; and 0-2 tablespoons vegetable or fruit or a combination of both Table C §78-1-16.1 Infant Meal Pattern – Snack Snack Birth through 5 months 6 through 11 months 4-6 fluid ounces breastmilk or formula 2-4 fluid ounces breastmilk or formula; and 0-1/2 slice bread,; or 0-2 crackers; or 0-4 tablespoons infant cereal; or ready-to-eat breakfast cereal, and 0-2 tablespoons vegetable or fruit, or a combination of both Table D §78-1-16.1 Child Meal Pattern - Breakfast Breakfast (Select all three components for a reimbursable meal)
Food Components and Food Items Ages 1-2 Ages 3-5 Ages 6-12 Ages 13-18 (at-risk afterschool programs and emergency shelters)
Fluid Milk 6 fluid ounces Vegetables, fruits, or portions of both Grains (oz eq),, Whole grain-rich or enriched bread Whole grain-rich or enriched bread product, such as biscuit, roll or muffin ½ serving Whole grain-rich, enriched or fortified cooked breakfast cereal, cereal grain, or pasta Whole grain-rich, enriched or fortified ready-to-eat breakfast cereal (dry, cold)
Flakes or rounds Puffed cereal Granola Table E §78-1-16.1 Child Meal Pattern – Lunch and Supper Lunch and Supper (Select all five components for a reimbursable meal)
Food Components and Food Items Ages 1-2 Ages 3-5 Ages 6-12 Ages 13-18 (at-risk afterschool programs and emergency shelters)
Fluid Milk 6 fluid ounces Meat/meat alternates Lean meat, poultry, or fish 1 /2 ounce Tofu, soy product, or alternate protein products 1 /2 ounce Cheese 1 /2 ounce Large egg 3/4 Cooked dry beans or peas 3/8 cup Peanut butter or soy nut butter or other nut or seed butters 3 tbsp 4 tbsp 4 tbsp Yogurt, plain or flavored unsweetened or sweetened 6 ounces or 3/4 cup 8 ounces or 1 cup 8 ounces or 1 cup The following may be used to meet no more than 50% of the requirement:
Peanuts, soy nuts, tree nuts, or seeds, as listed in program guidance, or an equivalent quantity of any combination of the above meat/meat alternates (1 ounces of nuts/seeds = 1 ounce of cooked lean meat, poultry, or fish) 1/2 ounce = 50% 3/4 ounce = 50% 1 ounce = 50% 1 ounce = 50% Vegetables Fruits Grains (oz eq), Whole grain-rich or enriched bread Whole grain-rich or enriched bread product, such as biscuit, roll or muffin Whole grain-rich, enriched or fortified cooked breakfast cereal, cereal grain, or pasta Table E §78-1-16.1 Child Meal Pattern – Snack Snack (Select two of the five components for a reimbursable snack)
Food Components and Food Items Ages 1-2 Ages 3-5 Ages 6-12 Ages 13-18 (at-risk afterschool programs and emergency shelters)
Fluid Milk Meat/meat alternates Lean meat, poultry, or fish Tofu, soy product, or alternate protein products Cheese Large egg Cooked dry beans or peas 'A cup 'A cup Peanut butter or soy nut butter or other nut or seed butters 1 tbsp 1 tbsp Yogurt, plain or flavored unsweetened or sweetened 2 ounces or 1/4 cup 2 ounces or 1/4 cup Peanuts, soy nuts, tree nuts, or seeds Vegetables Fruits Grains (oz eq)
Whole grain-rich or enriched bread Whole grain-rich or enriched bread product, such as biscuit, roll or muffin Whole grain-rich, enriched or fortified cooked breakfast cereal, cereal grain, or pasta Whole grain-rich, enriched or fortified ready-to-eat breakfast cereal (dry, cold)9,10 Flakes or rounds Puffed cereal Granola
APPENDIX 78-1-D – DIAPER CHANGING AND TOILET TRAINING
Diaper Changing and Toilet Training Guidelines.
-
Children shall be diapered or have soiled underwear changed in an established diaper changing area. The changing area shall not be located in food preparation areas.
-
Staff shall change children’s diapers or soiled underwear on a clean, safe, impervious, nonabsorbent surface that is used for no other purpose.
-
Staff shall clean the child’s perineal (urinary and anal) area with disposable wipes.
-
After removing a soiled diaper and before putting a fresh diaper on a child, staff members shall wipe their own hands with a pre-moistened towelette or a damp paper towel.
-
Both the child’s and the staff member’s hands shall be thoroughly washed after each diaper change. If disposable gloves are used, they must be discarded immediately, and hands washed.
-
Changing tables and surfaces shall be cleaned and disinfected after each use by cleaning to remove visible soil, followed by wiping with an approved disinfectant solution, whether or not disposable, nonabsorbent paper is used. If disposable paper is used, it shall be discarded immediately after each diapering.
-
Soiled cloth diapers and/or soiled training pants shall be stored in a labeled container with a tight-fitting lid provided by a commercial diaper service or in a sealed plastic bag that is sent home with the child at the end of the day. If diapers are laundered by a commercial diaper service, the service shall be accredited by the Diaper Service Accreditation Council. Feces from soiled cloth diapers or training pants shall be disposed of by dumping in a toilet.
-
Soiled disposable diapers shall be stored in conveniently located, washable, plastic-lined, tightly covered waste containers. Each container shall be labeled and kept clean and free of buildup of soil or odor.
-
Toilet training chairs, if used, shall be of easily cleanable construction and after each use shall be emptied into a toilet, and thoroughly cleaned and sanitized in a utility sink.
-
Hand washing sinks shall not be used for rinsing soiled diapers or clothing or for cleaning toilet training equipment.
APPENDIX 78-1-E: STAFF-TO-CHILD RATIO
Table A: Staff-to-Child Ratio for Single-Age Groups AGE OF CHILDREN MAXIMUM NUMBER OF CHILDREN TO BE CARED FOR BY ONE QUALIFIED STAFF MEMBER MAXIMUM NUMBER OF CHILDREN IN A GROUP 6 weeks – 1 year (6 weeks – 12 months) 1 year – 2 years (13 months – 24 months) 2 years (25 - 35 months) 3 years (36 – 47 months) 4 years (48 – 59 months) 5 years – school-age (60 months – school-age School-age Table B: Staff-to-Child Ratio While Children Are Participating in Water Activities – Single-Age Groups AGE OF CHILDREN MAXIMUM NUMBER OF CHILDREN NUMBER OF QUALIFIED STAFF MEMBERS 12 months and under 13 months – 24 months 25 – 59 months 60 months and over Snack (Select two of the five components for a reimbursable snack)
Food Components and Food Items Ages 1-2 Ages 3-5 Ages 6-12 Ages 13-18 (at-risk afterschool programs and emergency shelters)
Fluid Milk Meat/meat alternates Lean meat, poultry, or fish Tofu, soy product, or alternate protein products Cheese Large egg Cooked dry beans or peas 'A cup 'A cup Peanut butter or soy nut butter or other nut or seed butters 1 tbsp 1 tbsp Yogurt, plain or flavored unsweetened or sweetened 2 ounces or 1/4 cup 2 ounces or 1/4 cup Peanuts, soy nuts, tree nuts, or seeds Vegetables Fruits Grains (oz eq)
Whole grain-rich or enriched bread Whole grain-rich or enriched bread product, such as biscuit, roll or muffin Whole grain-rich, enriched or fortified cooked breakfast cereal, cereal grain, and/or pasta Whole grain-rich, enriched or fortified ready-to-eat breakfast cereal (dry, cold)9,10 Flakes or rounds Puffed cereal Granola
APPENDIX 78-1-D – DIAPER CHANGING AND TOILET TRAINING
§64-21-9. Diaper Changing and Toilet Training.
9.1. Children shall be diapered or have soiled underwear changed in an established diaper changing area. The changing area shall not be located in food preparation areas.
9.2. Staff shall change children’s diapers or soiled underwear on a clean, safe, impervious, nonabsorbent surface that is used for no other purpose.
9.3. Staff shall clean the child’s perineal (urinary and anal) area with disposable wipes.
9.4. After removing a soiled diaper and before putting a fresh diaper on a child, staff members shall wipe their own hands with a pre-moistened towelette or a damp paper towel.
9.5. Both the child’s and the staff member’s hands shall be thoroughly washed after each diaper change. If disposable gloves are used, they must be discarded immediately, and hands washed.
9.6. Changing tables and surfaces shall be cleaned and disinfected after each use by cleaning to remove visible soil, followed by wiping with an approved disinfectant solution, whether or not disposable, nonabsorbent paper is used. If disposable paper is used, it shall be discarded immediately after each diapering.
9.7. Soiled cloth diapers and/or soiled training pants shall be stored in a labeled container with a tight-fitting lid provided by a commercial diaper service or in a sealed plastic bag that is sent home with the child at the end of the day. If diapers are laundered by a commercial diaper service, the service shall be accredited by the Diaper Service Accreditation Council. Feces from soiled cloth diapers or training pants shall be disposed of by dumping in a toilet.
9.8. Soiled disposable diapers shall be stored in conveniently located, washable, plastic-lined, tightly covered waste containers. Each container shall be labeled and kept clean and free of buildup of soil or odor.
9.9. Toilet training chairs, if used, shall be of easily cleanable construction and after each use shall be emptied into a toilet, and thoroughly cleaned and sanitized in a utility sink.
9.10. Hand washing sinks shall not be used for rinsing soiled diapers or clothing or for cleaning toilet training equipment.
Source: Division of Health rule, “Child Care Centers,” 64CSR21, §64-21-9 (1997).
APPENDIX 78-1-E: STAFF-TO-CHILD RATIO
Table A: Staff-to-Child Ratio for Single-Age Groups AGE OF CHILDREN MAXIMUM NUMBER OF CHILDREN TO BE CARED FOR BY ONE QUALIFIED STAFF MEMBER MAXIMUM NUMBER OF CHILDREN IN A GROUP 6 weeks – 1 year (6 weeks – 12 months) 1 year – 2 years (13 months – 24 months) 2 years (25 - 35 months) 3 years (36 – 47 months) 4 years (48 – 59 months) 5 years – school-age (60 months – school-age School-age Table B: Staff-to-Child Ratio While Children Are Participating in Water Activities – Single-Age Groups AGE OF CHILDREN MAXIMUM NUMBER OF CHILDREN NUMBER OF QUALIFIED STAFF MEMBERS 12 months and under 13 months – 24 months 25 – 59 months 60 months and over
Series 02 Child Placing Agencies Licensure
W. Va. Code R. § 78-2-1 General
1.1. Scope. -- This rule establishes minimum standards and procedures for the licensure of child placing agencies under the provisions of W. Va. Code, Chapter 49, Article 2 (Part I), and related federal and state codes. The W. Va. Code is available in public libraries and on the Legislature’s web page, http://www.wvlegislature.gov/
1.2. Authority. -- W. Va. Code §49-2-121.
1.3. Filing Date. -- June 26, 2025.
1.4. Effective Date. -- June 26, 2025.
1.5. Sunset Provision. This rule shall terminate and have no further force or effect on August 1, 2031.
W. Va. Code R. § 78-2-2 Application and Enforcement
2.1. Application. -- This rule applies to agencies that place children in temporary living arrangements.
2.2. Enforcement. -- This rule is enforced by the Secretary of the Department of Health and Human Resources.
W. Va. Code R. § 78-2-3 Definitions
3.1. Aftercare. -- Services to be provided subsequent to a child’s discharge from placement as identified in the discharge plan.
3.2. Agency. -- A child placing agency.
3.3. Case Record. -- A comprehensive collection of information about a child in the care of a child placing agency.
3.4. Certificate of License. -- A written certificate issued by the Secretary authorizing an individual, corporation, partnership, voluntary association, municipality, county or an agency thereof, to provide specified child placing services for a limited period of time in accordance with the terms and conditions of the certificate and this rule.
3.5. Child. -- A person less than 18 years of age or is a transitioning adult.
3.6. Child Abuse and Neglect. -- Any act or omission that creates an abused child or a neglected child as those terms are defined in W. Va. Code §49-1-201.
3.7. Child Placing Agency. -- A child welfare agency organized for the purpose of placing children in private family homes for foster care or for adoption. The function of a child placing agency may include the assessment and certification of foster family homes as provided in W. Va. Code §49-1-101, et seq. The function of a child placing agency may also include the supervision and support of youth or transitioning adults who are 17 to 26 years old and living in unlicensed residences.
3.8. Child’s Case Plan. -- A comprehensive document prepared by the Department pursuant to the requirements of W. Va. Code §49-4-604 following an adjudication by the court that the child is an abused or neglected, or both, child, that directs the provision of all casework services including the services provided to the child.
3.9. Child-specific training. -- Training provided to respond to the individualized needs of a child.
3.10. Criminal History Background Check -- A review of information pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1, et seq., and 69 CSR 10, and an examination of protective service records to determine eligibility for employment or participation under this rule.
3.11. Crisis Intervention Skills and Techniques. -- Methods used to de-escalate situations that could result in harm to persons or property.
3.12. Crisis Support. -- The use of crisis intervention skills and techniques.
3.13. Department. -- The West Virginia Department of Health and Human Resources.
3.14. Discharge. -- The termination of a child’s services with an agency.
3.15. Disruption. -- A change that results in the decision that an adoptive or foster care placement will not continue.
3.16. Foster Family Home. -- A private residence that is used for the care on a residential basis of no more than six children who are unrelated by blood, marriage, or adoption to any adult member of the household.
3.17. Goal. -- An expected result or condition that takes time to achieve, is specified in a statement of relatively broad scope, and provides guidance in establishing intermediate objectives directed toward its attainment.
3.18. Guardian. -- A person or persons, the Department, or the Division of Juvenile Services, who has legal custody of a child, as a result of any contract, agreement, or legal proceedings.
3.19. Governing Board. -- The group of persons that has the administrative control and legal authority to set policy and oversee operations of an agency.
3.20. Incident. -- An act, or series of acts or behaviors, that place a child or others at risk.
3.21. Initial Plan of Care. - A plan developed when the child initially enters placement to ensure that the child receives appropriate care while in placement. If the child is in the Department’s custody, and if a Safety Plan or a Child’s Case Plan exists, they must be incorporated in the Intake Service Plan.
3.22. Institutional Investigative Unit. -- A unit of the Department authorized by the Secretary to investigate complaints of child abuse or neglect in an agency.
3.23. Life Skills. -- Tasks, abilities, or knowledge required to perform the activities of daily living.
3.24. Multidisciplinary Treatment Team or Multidisciplinary Team (MDT). -- A treatment team that includes the individuals listed in W. Va. Code §49-4-405(b) or §49-4-406(d)(2), as the case may be, who assess, plan, and implement a comprehensive, individualized service plan for the child.
3.25. Normalcy. -- A practice of allowing children and youth in out-of-home care to experience childhood and adolescence in ways similar to their peers who are not in foster care.
3.26. Objective. -- An expected result or outcome that is stated in measurable terms, has a specified time for achievement, and is related to the attainment of a goal.
3.27. Placement. -- Any temporary or permanent living arrangement of a child who is in the custody of the state in any foster home, group facility, or other approved living setting.
3.28. Placement Agreement. -- A written document signed by the child’s parent or guardian and a representative of the agency, that specifies the terms of the child’s placement.
3.29. Plan of Correction. -- A written agreement between the Department and an agency that outlines the steps an agency shall take to correct deficiencies identified by the Department through an inspection or the investigation of a complaint.
3.30. Policy. -- A statement of the principles that guide and govern the activities operations of a program. This term is interchangeable with “procedure” depending on the organization of the agency.
3.31. Procedures. -- The methods by which a policy is carried out.
3.32. Program. -- A system of services provided to those persons who use the agency.
3.33. Psychotropic Medication. -- Any drug that affects brain activities associated with mental processes and behaviors.
3.34. Reasonable and prudent parent standard. -- The standard characterized by careful and sensible parental decisions that are reasonably intended to maintain the health, safety and best interests of a child while at the same time encouraging the emotional and developmental growth of the child that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in extracurricular, enrichment, cultural and social activities.
3.35. Respite Care. -- Alternative short-term care.
3.36. Restraint. -- Restriction of a child’s freedom of movement as a means to avoid imminent harm.
3.37. Rules. -- A set of requirements issued by the Secretary to regulate child placing agencies.
3.38. Scattered-Site Living Arrangement. – A living arrangement where youth, age 17 to 26, live in a setting that allows staff to be available as needed depending on the youth’s level of autonomy. Sites are in community environments to allow the youth full access to services and resources in order to fully develop independent living skills.
3.39. Secretary. -- The Secretary of the Department of Health and Human Resources or his or her designee.
3.40. Self-disclosure Application and Consent Form. -- A signed declaration of criminal convictions, indictments, and court ordered supervision and authorization to allow a criminal history background check as required by the WV CARES process.
3.41. Service Plan. -- A comprehensive, time limited, goal oriented, individualized plan based on a thorough evaluation of the child’s needs that describes the services, interventions and educational needs of a child in care, incorporating any Child’s Case Plan or Safety Plan developed through the MDT process.
3.42. Statement of Child/Adult Abuse or Neglect History Form. -- A document signed by an employee or prospective foster or adoptive parent granting permission to conduct a search of Department records related to his or her involvement in adult or child abuse or neglect allegations or findings, or other investigations documented by the Department.
3.43. Supervised Group Setting. – A setting where youth 17 to 21 live with staff on site or are available 24 hours per day and 7 days per week. In this setting staff provide face-to-face daily contact with youth.
3.44. Trafficking. -- Knowingly recruiting, transporting, transferring, harboring, receiving, providing, obtaining, isolating, maintaining, or enticing an individual to engage in debt bondage, forced labor or sexual servitude. For minors, sexual servitude means maintaining or making a minor available for the purpose of engaging the minor in commercial sexual activity. Children can be sexually exploited through prostitution, pornography, or erotic entertainment.
3.45. Transitioning Adult. – An individual with a transfer plan to move to an adult setting who meets one of the following conditions: (a) is 18 years of age but under 26 years of age, was in the custody of the Department upon reaching 18 years of age and committed an act of delinquency before reaching 18 years of age, remains under the jurisdiction of the juvenile court, and requires supervision and care to complete an education, employment, or treatment program, or requires transitional supportive services, or (b) is 18 years of age under 26 years of age, was adjudicated abused, neglected, or in the custody of the Department upon reaching 18 years of age and enters into an agreement with the Department to continue in an educational, training, or treatment program or receive supportive transitional services.
3.46. Transitional Living. -- A supervised or semi-supervised living arrangement program developed to assist children in the custody of the Department or who were in the custody of the Department in acquiring skills and competencies to become independent and transition to adulthood.
3.47. Universal Precautions -- A collection of medically related behaviors, procedures, and protocols designed to minimize the risk of disease transmission and contamination.
3.48. Variance. -- A written declaration by the Secretary that a certain requirement of this rule may be satisfied in a manner different from the manner set forth in the rule.
3.49. Waiver. -- A written declaration by the Secretary that a certain requirement may be treated as inapplicable in a particular circumstance.
W. Va. Code R. § 78-2-4 Licensing Information and Provisions
4.1. Child Placing Licensing Requirements.
4.1.1. Before establishing or operating a Child Placing Agency or accepting children for placement in the State of West Virginia, an agency, other than one operated by the state, shall obtain a license from the Secretary.
4.1.2. A regular license is valid for up to two years from the date of issuance, unless revoked or modified to provisional status.
4.1.3. A license is valid only for the agency named in the application and is not transferable.
4.1.4. When the ownership of an agency changes, the new owner shall apply for a license.
4.1.5. An agency shall post the license in a conspicuous place at its principal place of business.
4.2. Application Procedures for a License.
4.2.1. To apply for a license, an agency shall submit a completed application obtained from the Department and the following additional written information:
4.2.1.a. Documentation of the legal authority authorizing the organization of the agency;
4.2.1.b. A list of the members of the governing board and employees of the agency;
4.2.1.c. The agency's mission statement;
4.2.1.d. The agency’s description of the expectation for the biological families’ involvement in supporting the health and welfare of their children;
4.2.1.e. An operating budget for the first fiscal year of operation and documentation of funds in escrow or a credit line equal to the operating budget projected for a six-month period;
4.2.1.f. A statement from an independent certified public accountant (CPA) that proper accounting procedures, including an annual audit from a CPA, are in place for the agency;
4.2.1.g. Proof of liability and fire insurance;
4.2.1.h. A copy of the agency's administrative manual;
4.2.1.i. The packet of forms that will be used to compile complete case records for children, foster or adoptive parents, and employees of the agency;
4.2.1.j. The orientation training curriculum for foster and adoptive parents;
4.2.1.k. The agency’s employment policies, including detailed job descriptions and the hiring plan;
4.2.1.l. A plan for the training, supervision, and evaluation of employees of the agency;
4.2.1.m. Information on current agency employees; and
4.2.1.n. The fee or reimbursement schedule and procedures for payment of fees or reimbursements to foster and adoptive parents.
4.2.2. The agency is subject to an investigation or a review process that includes but is not limited to:
4.2.2.a. Evaluation of the quality of the program, the proposed services, and the agency's ability to carry them out effectively in the best interest of the children to be served;
4.2.2.b. Complete background information on the applicant and the principal owners, including a financial statement and character references;
4.2.2.c. A “Fitness Determination” pursuant to the provisions of WV CARES for each applicant, owner, and employee of the agency; and
4.2.2.d. A tuberculosis risk assessment for direct service employees prior to initial assignment.
4.3. Types of Licenses Following application review, on-site inspection and an approved plan of correction, if necessary, the Secretary shall issue a license in one of three categories: initial license, provisional license and renewal license, if there is compliance with this rule and W. Va. Code §49-2-115.
4.4. Amendment of a License. When implementing a new service or changing a program, an agency shall submit to the Department an application for a proposed amendment to the license.
4.5. Renewal of a License. An agency shall submit a renewal license application form to the Secretary not less than 60 days prior to the expiration of the current license, and any additional information requested.
4.6. Revocation of a License.
4.6.1. The Secretary may revoke an agency's license based on failure to maintain compliance with the provisions of W. Va. Code §49-2-117 et seq., the requirements of this rule, the terms and conditions of its license and any plan of correction.
4.6.2. When the Secretary determines that an agency’s operation constitutes a risk of harm to a child placed by that agency, he or she shall issue an order of closure terminating operation of the agency.
4.6.3. When the Secretary has revoked its license, an agency shall not operate pending administrative or judicial review, or without a court order.
4.6.4. When a license is revoked by the Secretary, he or she shall immediately direct the placement of children in the care of that agency into alternative care.
W. Va. Code R. § 78-2-5 Inspections, Complaints, Plans of Correction and Waivers
5.1. Inspections.
5.1.1. An agency shall permit the Secretary unrestricted access to the agency to conduct announced and unannounced inspections of all aspects of its operation and premises.
5.1.2. An agency shall permit review of an agency’s case records, corporate and financial records, board minutes and employment files as requested by the Secretary during an inspection.
5.1.3. An agency shall permit access to agency employees, members of the governing board, foster or adoptive parents, and consumers receiving services from the agency as requested by the Secretary during an inspection within three business days of such request.
5.2. Investigation of Complaints.
5.2.1. An agency shall provide all information requested by the Secretary and the Institutional Investigative Unit in the investigation of a complaint.
5.2.2. An agency shall limit internal assessment of an incident to ensure the safety of the children in placement without compromising the Department’s subsequent investigation.
5.2.3. For any complaint against an employee alleging sexual abuse or serious physical injury to a child in placement, an agency shall remove the employee and discontinue the employee’s contact with foster children until an investigation is completed and a determination is made.
5.2.4. For any complaint against a foster or adoptive parent alleging sexual abuse or physical injury to a child in placement by the foster or adoptive parent, an agency shall require immediate removal of the foster or adoptive children in that home to other appropriate care, and the agency shall ensure that the foster or adoptive parents discontinue contact with the children until an investigation is completed and a determination is made.
5.3. Plan of Correction.
5.3.1. After a complaint investigation, the Secretary may require an agency to submit a plan of correction after the receipt of the written summary of the investigation. Depending on the nature of the investigation, the Secretary may require the plan of correction to be submitted as he or she deems appropriate, including immediately, but no more than 30 days.
5.3.2. Within 10 days of notification of the Secretary’s approval of a plan of correction, an agency shall implement the plan, unless the approved plan specifies a different date for implementation.
5.3.3. When the Secretary provides notification that a proposed plan of correction is not approved, an agency shall submit another plan of correction within seven working days of the notification.
5.4. Waivers and Variances.
5.4.1. An agency shall comply with all relevant requirements within this rule unless a waiver or variance for a specific requirement has been granted by the Secretary through a written agreement.
5.4.2. An agency’s written request for a waiver or variance from the Secretary shall include:
5.4.2.a. The specific requirement of this rule requested to be waived or varied; and
5.4.2.b. The reason or reasons for seeking a waiver or variance.
5.4.3. A waiver or variance of a specific provision of this rule may be granted by the Secretary only if the following criteria are met:
5.4.3.a. The agency has documented and demonstrated that the provision of the rule is inapplicable in a particular circumstance, or that the agency complies with the intent of the provision in the rule in a manner not permitted by the rule;
5.4.3.b. The health, safety, and well-being of a child is not endangered; and
5.4.3.c. The waiver or variance agreement contains provisions for a regular review of the waiver or variance.
5.4.4. The waiver or variance agreement is subject to cancellation if an agency fails to comply with the stated terms of this rule.
W. Va. Code R. § 78-2-6 Governance
6.1. Administrative Policies.
6.1.1. An agency shall develop and maintain policies and procedures, including the dates of implementation, and make them available to employees.
6.1.2. An agency shall operate in accordance with its policies and procedures.
6.2. Legal Operating Authority.
6.2.1. An agency shall establish proof of the legal authority for the operation of the agency by proof of a certificate of existence or authorization issued by the West Virginia Secretary of State confirming that an agency is organized to do business in the state and is in good standing.
6.2.2. An agency shall retain its charter, bylaws, partnership agreement, articles of association or incorporation or other documentation at its principal place of business available for inspection, including complete information about the owners, and a list of the names, addresses, phone numbers, and terms of office for the officers and governing board.
6.3. Governing Board.
6.3.1. An agency shall establish a governing board or other supervisory structure whose responsibilities include:
6.3.1.a. Approving policy, defining, and overseeing services, and being legally accountable for the operation of an agency; and
6.3.1.b. Approving the policies relating to the operation of its services and programs and compliance with W. Va. Code §49-2-101, et seq., and this rule.
6.3.2. The governing board shall meet a minimum of twice per year and keep a permanent written record of the minutes of all meetings of the board and its committees.
6.3.3. The agency shall appoint a full-time executive director or similar administrative position to manage the daily operations of an agency.
6.3.4. The agency shall notify the Secretary in writing of a change in the executive director position.
6.3.5. An agency shall not permit an employee, member of an employee’s family, or an employee of a public agency that regulates, purchases the services of, or is responsible for placement decisions, to serve on the governing board of the agency.
6.4. Standards of Ethical Conduct.
An agency shall develop, implement, and maintain written standards of ethical conduct for its governing board and its employees.
6.5. Confidentiality.
6.5.1. Anyone who obtains confidential information while implementing W. Va. Code §49-2-101, et seq., may disclose it only to persons demonstrating a need that is essential to this rule or as required by law.
6.5.2. An agency shall maintain the confidentiality of all records in accordance with the provisions of W. Va. Code §49-5-101 and other applicable laws.
6.5.3. An agency that maintains records by electronic storage means shall secure them against loss, tampering, or unauthorized use in accordance with the provisions of W. Va. Code §61-3C-1 et seq.
6.5.4. An agency shall maintain policies and procedures for the disclosure, maintenance, and security of its records.
6.5.5. An agency shall provide specific training for employees, foster parents, and adoptive parents on policy and procedures for confidentiality and information disclosure.
6.5.6. An agency shall obtain the written consent of the child's biological parents or guardian before a child may participate in a publicity event for the agency.
6.5.7. An agency shall use any photographs, audio or video recordings, or statements of a child in placement only in a manner that respects and promotes the best interests of the child and with permission of the child’s biological parent or guardian.
6.5.8. An agency shall secure records against loss, tampering, or unauthorized use by maintaining records in an appropriate storage space and by establishing a procedure for restricting access to records to authorized employees.
6.5.9. An agency shall delete an individual’s name and other identifying information when its disclosure may violate the right of privacy.
6.5.10. An agency shall delete an individual’s name and other identifying information when using it for educational or research purposes.
6.5.11. When an agency ceases operation, it shall develop and implement a procedure for the secure storage or disposition of all of its records.
6.6. Records.
6.6.1. Children in Placement. Each child’s record shall include:
6.6.1.a. The child’s name, social security number, gender, race, biological family’s religious preference, if any, and birth date;
6.6.1.b. An itemized list of the documents in the record that are required to be maintained by this rule;
6.6.1.c. A current photograph that is to be updated annually;
6.6.1.d. The name, address, telephone number and marital status of the child’s biological parents or guardian;
6.6.1.e. The names, addresses, and telephone numbers of the foster or adoptive parents where the child is placed, including the dates of placement and removal;
6.6.1.f. The date of placement, name, address and telephone number of the referring agency, and the name of the placing worker and his or her supervisor;
6.6.1.g. The names, addresses, and telephone numbers of the medical and other professional persons directly involved in providing ongoing care for the child;
6.6.1.h. Information about the child’s allergies, medical conditions, or current prescribed medications;
6.6.1.i. The name, address and telephone number of the child’s school, the name of the primary teacher or other school contact person, or the name, address, and telephone number of the child's employer;
6.6.1.j. The placement agreement;
6.6.1.k. Consent forms signed by the biological parents or guardian authorizing the agency to provide all necessary services and care; and
6.6.1.l. An individualized strength-based assessment.
6.6.2. Foster and Adoptive Parents. Each record for foster or adoptive parents shall include:
6.6.2.a. The names, birth dates, and schools or work places for each household member, and the social security numbers of the household members over age 18;
6.6.2.b. The address, telephone number and directions to the foster or adoptive parent’s home;
6.6.2.c. The date and type of certification as foster or adoptive parents;
6.6.2.d. A list of all placements with the child’s name, dates of placement and removal, and a removal summary statement;
6.6.2.e. Documentation and verification of the foster or adoptive parent’s financial status, marital status, medical examination, and a written report of the interviews with their references;
6.6.2.f. Narrative reports of the initial home study, annual home safety assessment and recertification;
6.6.2.g. A letter of approval or denial from the agency including terms and conditions of the approval or denial and any other written agreements;
6.6.2.h. Documentation of pre-service training and continuing training as required under this rule;
6.6.2.i. A written statement of acknowledgment by the foster or adoptive parents that they have received a copy of the policies and procedures of the agency regarding the care and placement of a child;
6.6.2.j. WV CARES self-disclosure and consent form, a fitness determination of eligibility from the Department, and any approved variances or waivers from the Secretary;
6.6.2.k. A completed “Authorization and Release for Protective Service and Provider Record Checks” form;
6.6.2.l. Special incident reports, investigations of child abuse or neglect allegations, noncompliance with the agency's policies or procedures or the requirements of this rule;
6.6.2.m. Plans of correction; and
6.6.2.n. The date of closure and closure summary report.
6.6.3. Employees. Each record for an employee shall include:
6.6.3.a. The employee's position, title, job description, date of hire and date of separation from employment;
6.6.3.b. Documentation of credentials and certifications;
6.6.3.c. Reports of any actions or incidents relating to employment;
6.6.3.d. Verification of completion of required training, including information on the course title, date and hours of instruction, and the name of the instructor;
6.6.3.e. WV CARES self-disclosure application and consent form, a fitness determination of eligibility form the Department, and any approved variances or waivers from the Secretary;
6.6.3.f. A Completed “Authorization and Release for Protective Service Checks” form;
6.6.3.g. Acknowledgment of receipt of the agency's employee manual; and
6.6.3.h. A notice of resignation or termination from the agency.
6.7. Operating Oversight.
6.7.1. An agency shall establish an emergency telephone system that is available 24 hours a day, seven days a week, and have procedures in place for:
6.7.1.a. Reporting an allegation of abuse or neglect to the director, the Institutional Investigative Unit, the placing worker, and the child abuse hotline;
6.7.1.b. Reporting an emergency or an incident of harm, abuse or neglect, a suicide attempt, suspected criminal activity, juvenile delinquent activity, a medical emergency, a death, or suspected use of illicit substances;
6.7.1.c. Identifying and reporting a child who is absent without permission to the guardian or child abuse hotline and a law enforcement authority immediately after determining the child cannot be located;
6.7.1.d. Reporting an incident in which the child is removed from the present location and from further contact with the alleged adult offender until an investigation is complete, medical care is obtained and law enforcement is notified;
6.7.1.e. Writing a report of the emergency or incident to the director within 48 hours of the date of the emergency or incident, that includes a description of the emergency or incident, the date and time it occurred, names of the individuals involved, precipitating factors, statements of witnesses, immediate actions taken by employees or other persons and other relevant information concerning the incident;
6.7.1.f. Changing the child's service plan or changing policy and procedures at the recommendation of the Secretary following an emergency or incident; and
6.7.1.g. Training employees and foster or adoptive parents in the procedure for emergencies and incidents.
6.7.2. An agency shall train employees and foster or adoptive parents on the universal precaution procedures.
6.7.3. An agency’s protocol shall:
6.7.3.a. Identify when employees and foster or adoptive parents are found to be in substantiated noncompliance with its policies and procedures that require a plan of correction or that provide grounds for suspension, dismissal, or closure; and
6.7.3.b. Establish time limits on the plan of correction and provide for its monitoring.
W. Va. Code R. § 78-2-7 Staffing Process
7.1. Staffing Plan.
7.1.1. An agency shall develop and implement a staffing plan to provide for the effective implementation of its services and programs that includes for each service position in the agency, a job description detailing the responsibilities, qualifications, and title of direct supervisor.
7.1.2. An agency shall designate a supervisor for each service or program.
7.1.3. The staffing plan shall set a policy for the ratio of supervisors to employees to ensure adequate guidance and support for each employee.
7.1.4. The staffing plan shall include a policy on case load size and the frequency and nature of the staff contact with children.
7.1.5. The agency shall revise as needed the staffing plan to reflect changes in services and programs.
7.2. Employment Practices. An agency shall have written employment practices that include:
7.2.1. A requirement for an immediate suspension of an employee upon any felony or misdemeanor charge for a disqualifying offense until the charges are resolved, and a requirement that the employee notify the director of any criminal charge within 24 hours. This requirement shall provide that an employee convicted of these charges shall no longer be permitted to provide direct services to children and their families.
7.2.2. A requirement for immediate suspension of an employee who is alleged to have sexually abused or otherwise injured a child pending the outcome of the investigation.
7.2.3. A policy on the Statement of Child Abuse or Neglect History form stating that upon employment, employees shall sign and date a statement that defines child abuse or neglect, as defined in subsection 3.6. of this rule, and outlines the employee’s responsibility to report immediately any suspected incident of child abuse or neglect to the executive director or his or her designee, to the Institutional Investigative Unit, and to the Child Abuse Hotline, 1-800-352-6513, in accordance with W. Va. Code §49-2-801 and §49-2-803 et seq.; and
7.2.4. A general code of conduct on the relationship between employees, a child in placement and his or her family including provisions:
7.2.4.a. That contact be case related only as described in the child's service plan, and continue only as specified in the plan;
7.2.4.b. That excursions are case related only;
7.2.4.c. That a child cannot stay overnight in the home of an employee, unless the child is in a transitional living program; and
7.2.4.d. Guidelines for gift giving and receiving between employees and those served; and
7.2.5. A policy that employees applying to be foster or adoptive parents may not be considered for foster or adoptive parenting by the agency that employs them.
7.3. Background Checks. An agency shall submit a request for an application to the WV CARES unit of the Department for each potential employee prior to the employee working with children. After receiving notification from the WV CARES unit that a background check has begun, an applicant may work under direct supervision on a provisional basis for no more than 60 days while the background check is being processed. The agency must document that it has completed the background check process for each applicant pursuant to W. Va. Code §46-49-1 et seq., by receipt of a fitness determination of eligibility or variance, if granted.
W. Va. Code R. § 78-2-8 Employee Requirements
8.1. Qualifications. An agency shall outline in job descriptions minimum requirements for each position with regard to education, experience, and essential qualifications.
8.1.1. Administrative and Supervisory employees, including the Assistant Director, Program Director, and Case Management Supervisor shall possess:
8.1.1.a. An advanced degree in a human service field and two years of direct practice experience; or,
8.1.1.b. An advanced degree in a human service field and be licensed within the scope of their professional practice; or,
8.1.1.c. A Bachelor’s degree in social work or a comparable human service field and two years of experience in a human services related field, at least one year of which is in child welfare services.
8.1.2. Clinical employees, including Physicians, Therapists, Clinical or Certified Social Workers, and Psychologists shall have valid West Virginia professional licenses in their fields and shall operate within the scope of their practice.
8.1.4. Case Managers shall have a bachelor’s or master’s degree in social work or a related human service field, or a Board of Regents degree with human service concentration, or a bachelor’s degree and have completed department-approved training provided by the child placing agency.
8.1.5. Para-Professional employees shall possess a high school diploma or GED and be at least 21 years of age.
8.2. Training and Development. An agency shall develop and implement a comprehensive plan for employee orientation, ongoing training and development, and supervisory review, including performance and program evaluations.
8.2.1. Orientation Training. An agency shall require that direct care service employees included in child placing services, within three months of employment, complete a minimum of 40 hours of orientation training in areas including:
8.2.1.a. Licensing rules and the legal aspects of foster care;
8.2.1.b. The service planning process;
8.2.1.c. A crisis intervention model that includes interviewing techniques, conflict de-escalation and conflict resolution, and crisis intervention;
8.2.1.d. Mandatory reporting requirements for child abuse and neglect;
8.2.1.e. Normalcy for foster children;
8.2.1.f. Reasonable Prudent Parent Standard;
8.2.1.g. Human Trafficking Prevention for foster children and National Runaway Youth Prevention;
8.2.1.h. Trauma-informed care;
8.2.1.i. Runaway youth procedures
8.2.1.j. Absent from supervision procedures; and
8.2.1.k. First Aid and CPR Training appropriate to the age of the children they serve.
8.2.2. Ongoing Training.
8.2.2.a. An agency shall require that all employees providing direct care services to clients receive at least 20 hours of additional training in the areas of values and cultural diversity, ethics, child abuse and neglect issues, trauma, the Adoption and Safe Families Act and behavior management, within the first six months of employment.
8.2.2.b. An agency shall require that after the first year of employment, all employees providing direct care services to clients, complete a minimum of 25 hours of ongoing training per year.
8.3. Contracted Professional Services.
8.3.1. An agency shall verify that all contracted professional services are certified or licensed in the service they are providing.
8.3.2. An agency shall require that a contracted professional providing direct care services to a child in placement provide documentation of services.
8.4. Volunteers.
8.4.1. An agency that uses volunteer services, including student field placements and internships, shall develop and implement a plan for their specific use, shall provide that an agency employee oversee their service, and shall provide training, prior to their beginning service, on:
8.4.1.a. The program and agency orientation;
8.4.1.b. The services offered and the volunteer’s role on the team;
8.4.1.c. The policies regarding confidentiality;
8.4.1.d. The policies regarding mandatory reporting requirements for child abuse or neglect;
8.4.1.e. The code of conduct for the volunteer; and
8.4.1.f. The emergency procedure.
8.4.2. An agency shall require volunteers who are working directly with youth to complete background checks in accordance with the provisions of the WV CARES act and rules and complete a “Authorization and Release for Protective Service and Provider Record Checks” form.
8.4.3. An agency shall require that volunteers who are working directly with youth have a medical screening by a qualified medical practitioner and a tuberculosis risk assessment or test with negative risk assessment or test results prior to providing services to children and every five years thereafter.
W. Va. Code R. § 78-2-9 The Child’s and The Child’s Family’s Basic Rights
9.1. For the child and the child’s biological family, an agency shall ensure the following rights:
9.1.1. Equal access to services regardless of age, marital status, race, religion, ethnicity, gender, disability, or sexual orientation;
9.1.2. Services consistent with identified needs in the least restrictive environment available;
9.1.3. Interdisciplinary, therapeutic services that meet a child's physical, emotional, social, educational, and financial needs;
9.1.4. Active participation and respect as an individual during the delivery of services process;
9.1.5. Reasonable privacy; and
9.1.6. Contact between a child and his or her biological family is not restricted as a means of punishment or in any way except as specified by court order or documented in the child’s service or treatment plan. Visits shall take place during hours different from an agency’s business hours when the family cannot visit during those hours and shall be arranged and take place with the prior knowledge of the foster or adoptive parents.
9.2. A child receiving services from the Agency shall have in addition to the rights in subsection 9.1. of this rule, the following:
9.2.1. Adequate shelter, food, and clothing;
9.2.2. Education and training;
9.2.3. Services necessary to promote safety, permanency, and well-being;
9.2.4. Adult guidance, support, and supervision;
9.2.5. Freedom from abuse, neglect, and exploitation; and
9.2.6. Full and reasonable communication with his or her attorney, clergyman, and an authorized representative of the placing agency or of the court of record, including visits, correspondence, and telephone calls.
9.3. An agency shall develop and implement procedures to ensure that a child in placement’s maximum health and safety needs are met including receiving:
9.3.1. The level of supervision required in the service plan as guided by reasonable and prudent parent standards;
9.3.2. Appropriate medical screening, diagnosis, and treatment on a regular basis; and
9.3.3. A minimum of the following routine medical, dental, and vision examinations and treatment, as proscribed, and emergency treatment, as needed:
9.3.3.a. An initial general medical examination by a physician 30 days before placement or within 30 days after placement and routine medical examinations after that as recommended for the child’s age. In addition, children placed by the Department shall be treated in accordance with the Health Check requirements available through the Office of Maternal and Child Health;
9.3.3.b. For children with extraordinary medical needs, unless a medical examination can be documented within the previous 30 days or the child was discharged from an inpatient facility, the child is examined by a physician within 72 hours after initial placement, and the physician documents that the child can be appropriately cared for in a home setting;
9.3.3.c. Immunizations as recommended by the American Academy of Pediatrics;
9.3.3.d. For a child two years and older, an examination by a dentist will be scheduled within 30 days after placement unless an examination can be documented within the previous 30 days, and after that a semiannual examination by a dentist and follow-up treatment as needed;
9.3.3.e. For a child four years and older, an eye screening by an optometrist will be scheduled within 30 days after placement unless a screening can be documented within the previous 30 days, and follow up as indicated by Health Check requirements;
9.3.3.f. Any treatment or aids prescribed including eyeglasses, a hearing aid, and a prosthetic or corrective device;
9.3.3.g. The documentation from the physician in the child's record, complete orders for medication, treatment, diet, range of motion programs, habilitation, and special medical or developmental procedures needed;
9.3.3.h. The foster or adoptive parents receive all of the training necessary to care for the child prior to placement or as soon as possible in the case of an emergency placement;
9.3.3.i. The foster or adoptive parents maintain a daily medication log for each child that includes the name of the medication, the physician who prescribed it, the dosage, the administration schedule, the potential side effects and any change in the medication that the physician makes;
9.3.3.j. Prescription medication is administered for therapeutic reasons only and under the following provisions:
9.3.3.j.1. A physician shall examine the child before prescribing a medication, and he or she is the only one who can alter the medication or medication level;
9.3.3.j.2. The child's parents or guardian may revoke consent for a medication at any time;
9.3.3.j.3. The parents or guardian of a child, and a child 14 years or older unless the child is documented to be lacking the capacity for informed consent, shall give prior written informed consent for the use of a psychotropic medication;
9.3.3.j.4. The child's foster or adoptive parents and primary case manager shall receive training related to the psychotropic medication, its expected results, its potential side effects, and an agency’s policies regarding its use;
9.3.3.j.5. A child 14 years or older who refuses to take medication three consecutive times shall be considered to have revoked consent;
9.3.3.j.6. When consent is revoked, the administration of medication shall cease immediately unless titration is needed at the direction of the physician; and
9.3.3.j.7. When the parents or guardian revoke consent, an agency shall inform the prescribing physician; the agency shall relay the recommendation by the physician to the Department; and
9.3.3.j.8. An agency shall establish procedures for medication errors in dosage, administration or adverse side effects that include contacting the prescribing physician and documenting the incident.
9.3.3.k. Over-the-counter medication shall be dispensed by a foster parent using the reasonable and prudent parenting standards.
9.4. Religious Preferences.
Upon a child’s admission, an agency shall determine the religious preference of the child, if any, and the child’s parent or guardian. The agency shall ensure the opportunity for the child to attend the religious service of his or her choice if he or she expresses one.
9.5. Multiethnic Placements.
9.5.1. In placement or adoption decisions, an agency shall not consider race, color or national origin unless it is part of an individualized determination that the facts and circumstances of a particular case require the consideration of race, color or national origin in order to advance the best interests of the child and in accordance with applicable federal law and policy.
9.5.2. An agency shall ensure that a child, at his or her discretion, has the opportunity to participate in cultural and ethnic activities significant to his or her heritage.
9.5.3. In accordance with the Multiethnic Placement Act of 1994, as amended by the Removal of Barriers to Interethnic Adoption Act of 1996, an agency shall not delay or deny a child's foster care or adoptive placement on the basis of the child's or the prospective parent's race, ethnicity, color, national origin.
9.6. Behavior Management and Discipline. An agency shall provide policies and procedures for foster or adoptive parents to use as guides in disciplining a child and behavior management.
9.6.1. Appropriate methods of discipline include:
9.6.1.a. An emphasis on discipline with kindness and understanding, using positive feedback and rewards to reinforce good or improved behavior;
9.6.1.b. Simple, clear, understandable, and consistent household rules;
9.6.1.c. Measures appropriate to the developmental level of the child that help him or her develop self-control and learn responsibility for his or her own actions;
9.6.1.d. That only a parent or other prior approved adult caregiver is permitted to discipline the child;
9.6.1.e. That measures are administered close to the time of the child’s act or behavior for teaching purposes and if time out is used, that it be for a reasonable period of time;
9.6.1.f. That crisis intervention skills and techniques be used according to agency policy only.
9.6.2. Inappropriate Methods of Discipline. An agency shall develop and implement policies and procedures that ensure that a child is not disciplined with cruel, harsh, unusual or unnecessary punishment, and shall develop and implement a description of those measures and methods that are not permitted, including but not limited to the following:
9.6.2.a. Any type of physical hitting, spanking, slapping, or other type of physical punishment inflicted in any manner upon the child’s body;
9.6.2.b. Threats of removal from the foster or adoptive home;
9.6.2.c. Any acts, verbal abuse, or emotional abuse that humiliates, shames, disgraces, ridicules, belittles, or destroys a child's sense of dignity or self-worth including any remarks made about the child's biological parents or family;
9.6.2.d. Keeping a child out of school;
9.6.2.e. Denying food, clothing, shelter, or bedding;
9.6.2.f. Closing or locking a child in any enclosed space;
9.6.2.g. Denying mail, telephone calls or visits with biological family members, unless it is related to subdivision 9.1.6. of this rule;
9.6.2.h. Withholding a program service or a provision in the service plan; or
9.6.2.i. Administering a medication that has not been prescribed.
9.6.3. An agency shall ensure that behavior problems are treated individually and privately. If there is a consistent pattern of unacceptable behavior, an agency shall develop a separate behavior management plan to be added to the child's service plan.
9.7. The Child's Financial Resources.
9.7.1. An agency shall ensure that money earned, received as a gift, or given as an allowance is the child’s personal property.
9.7.2. An agency shall use reasonable and prudent parent standards to assist the child in making decisions regarding spending or saving the child’s money.
9.7.3. An agency shall not require a child to pay for his or her care or services.
9.8. Clothing.
9.8.1. An agency shall ensure that each child has adequate, well-fitting, and seasonal clothing appropriate to his or her age and individual needs, shall allow the child choice in the selection of the clothing, and shall replenish the wardrobe, as necessary.
9.8.2. At the time of placement and at the time of discharge, an agency shall take an inventory of the child's clothing and personal possessions.
9.8.3. Agency shall ensure that each child has appropriate luggage or containers to transport his or her personal items.
W. Va. Code R. § 78-2-10 Placement Plans and Procedures
10.1. Referrals.
10.1.1. An agency may accept referrals from persons or organizations that have an interest in the welfare, security or treatment of the child and the child’s family, and that have authority to make the referral.
10.1.2. An agency may develop and implement policies and procedures for determining if a referral is appropriate for the services the agency offers, and for accepting a voluntary referral from a child or a child’s biological parent.
10.2. Intake. An employee designated by the agency shall be responsible for:
10.2.1. Conducting an intake interview with the child, the child’s biological parents or guardian, or the foster or adoptive parents to determine the need for services;
10.2.2. Providing orientation to the agency, including an overview of the placement process, the child assessment process, and identifying which agency employee is responsible for each activity;
10.2.3. Coordinating the child assessment process with the child, the child’s biological parents, and the placing worker;
10.2.4. Introducing the child and his or her family to the case manager assigned to them by the agency; and
10.2.5. Participating in the service planning process.
10.3. Written Service Agreement. Upon placement of a child, an agency shall develop and implement a written, signed, and dated service agreement between the child's parents or guardian and the agency that shall include:
10.3.1. Specific services to be provided;
10.3.2. A description of the fees or reimbursement;
10.3.3. A list of the planning team members;
10.3.4. Signed consent and authorization forms when necessary for the delivery of services, including to obtain medical and dental care, for travel, for the release of information, and to obtain photographs and audio or video recordings of the child;
10.3.5. Responsibilities of the child, the biological parent or guardian, the primary case manager, the foster parents, or the adoptive parents during the service delivery; and
10.3.6. A description of the conduct or activity by the child or family that may result in the agency’s discontinuing services to them.
10.4. Intake Service Plan. Based on the intake interview and available referral information, an agency shall develop an intake service plan within seven days of placement to be signed and dated by the child, if appropriate to his or her age, and the child’s biological parent or guardian. The plan shall include:
10.4.1. An initial identification of the child’s strengths and service needs;
10.4.2. The objectives of the placement and the agency’s plan for meeting them;
10.4.3. Identification of the permanency plan;
10.4.4. Services, assessments, and evaluations that need to be provided prior to the development of the master service plan;
10.4.5. Specific management strategies agreed upon by the agency and biological parents or guardian in handling any known behavioral problems; and
10.4.6. A projected date for the development of the master service plan.
10.5. Child Assessment. An agency shall complete a detailed narrative child assessment prior to developing the master service plan that includes the following information:
10.5.1. A summary of the circumstances that led to the child's referral for placement;
10.5.2. The child’s physical description, including a recent photograph;
10.5.3. The child’s current strengths, presenting issues, and a summary of the child’s history;
10.5.4. Any reported developmental history, including birth and health history, and deviations from the normal range of development;
10.5.5. Any known biological family history and background that provides:
10.5.5.a. A physical description and health history of immediate family members;
10.5.5.b. A description of the biological mother's pregnancy, including prenatal care, nutrition, and use of alcohol or drugs;
10.5.5.c. The formal education and training, functional level, and occupation of immediate family members;
10.5.5.d. The special interests, religious preferences, if any;
10.5.5.e. The relationship of each family member to the child;
10.5.5.f. A description of the child's or family's support system; and
10.5.5.g. Any other significant information that may affect the child's development;
10.5.6. The child's current health status, including records of a current medical examination and immunizations;
10.5.7. The child's education history, including the current level of functioning and if special education service indicated by an individual educational plan (IEP) or 504 Plan;
10.5.8. For any child age 14 years or older, a life skills assessment;
10.5.9. A description of the child's relationships with peers and significant adults outside of the family;
10.5.10. The special interests, achievements, and abilities of the child;
10.5.11. A description of known previous interventions or placements with the child and biological family and their results;
10.5.12. The child's current legal status;
10.5.13. The date and signature of the employee completing the child assessment; and
10.5.14. For emergency placements, a summary of circumstances that describe the immediate conditions that led to the placement and as much information as is available about the child at the time of admission, completed within two (2) working days of admission.
10.6. Match Summary.
An agency shall use an evaluation of the child's needs and strengths and the information provided by the referring entity to develop a match summary that shall be used to place a child with an appropriate family.
10.7. The Interstate Compact on the Placement of Children.
10.7.1. Before placing a child in a foster or adoptive home in another state or accepting a child for placement from another state, an agency shall make the referral through the Interstate Compact Administrator in the Department in accordance with W. Va. Code §49-7-101 et seq. and §49-7-201.
10.7.2. Before placing a child out of state, an agency shall secure written approval from the Interstate Compact Administrator in the receiving state.
10.8. Preparation of a Child for Placement.
10.8.1. An agency shall prepare a child for a placement, appropriate to his or her age and developmental level.
10.8.2. The agency shall provide information and support to the child as appropriate to help the child understand what the placement process is and what it will mean to him or her.
10.9. Planning Team.
10.9.1. An agency shall utilize a planning team to develop a service plan for a child’s foster care.
10.9.2. The planning team shall invite the child as appropriate to his or her level of understanding, the parents or guardian, foster parent, the family's case manager, the placing worker, the child's attorney, professionals working with the child, and other individuals significant in the child's life that have an interest in the child.
10.9.3. An agency shall ensure that any plan developed from the Multidisciplinary Team process assists in the development of the service plan, and any service plan developed by the agency shall not conflict in any manner with the Child’s Case Plan.
10.10. Master Service Plan.
10.10.1. An agency shall ensure that within 30 days of placement of a child in foster care, the planning team develops a service plan for each child.
10.10.2. The planning team shall use the child assessment, an evaluation of the child's needs and strengths, and information from the Multidisciplinary Team process to develop the service plan.
10.10.3. The service plan shall include:
10.10.3.a. The child's specific needs and strengths, the plan for meeting or supporting them, the time frame for meeting each need or goal, and the methods of measurement;
10.10.3.b. Any special services to be provided;
10.10.3.c. The nature and frequency of planned respite care, if appropriate;
10.10.3.d. Information about the nature and frequency of the child’s contact with his or her family;
10.10.3.e. A description of the child’s permanency plan; and
10.10.3.f. An identification of all persons responsible for implementing or overseeing the implementing of the goals, objectives, and services identified in the service plan.
10.10.4. An agency shall ensure that the service plan is signed and dated by the planning team, and a copy given to each member.
10.10.5. When a planning team member is unable to participate, it shall be noted on the signature page of the service plan.
10.10.6. An agency shall ensure that the service plan and subsequent revisions are explained to the child, his or her biological parents or guardian, and the foster or adoptive parents in language that is understandable to them.
10.10.7. If an agency does not ensure that the service plan is explained, the reasons for the lack of explanation shall be documented on the signature page.
10.11. Service Plan Review.
10.11.1. An agency shall ensure that each child’s service plan is reviewed by the planning team no less than once every three months.
10.11.2. An agency shall give members of the planning team at least two weeks’ notice of the scheduled review, and a copy of this notice shall be placed in the child’s record.
10.11.3. The review shall include the following:
10.11.3.a. An evaluation of the progress toward meeting each identified need, goal, and objective;
10.11.3.b. An identification of any new needs, goals or objectives, the plan and time frame for meeting them, the person who will be responsible for implementing them, and the methods of measurement; and
10.11.3.c. Any changes in the estimated length of placement, long range goals, or discharge plans.
10.11.4. The review and updated service plan shall be signed and dated by the members of the planning team and a copy given to each member of the team.
W. Va. Code R. § 78-2-11 Transfers and Discharges
11.1. An agency shall develop and implement a procedure for transferring a child from one foster or adoptive home to another within the agency that includes:
11.1.1. Documentation of the circumstances causing the move;
11.1.2. Documentation of approval from the Department and notification to the planning team, as required by W. Va. Code §49-4-608;
11.1.3. An account of the child's understanding of and response to the transfer; and
11.1.4. A provision that the new foster or adoptive parents, excluding respite, shall be given a copy of the child's current service plan and the child’s social, medical, psychological, and school history.
11.2. An agency shall ensure that the planning team develops an aftercare plan not less than three months prior to the planned discharge of a child that includes:
11.2.1. An evaluation of the most recent service plan, identifying the goals and needs that have been met and those that have not;
11.2.2. Identifying the services and resources necessary to meet the needs of the child;
11.2.3. The name, address and telephone number of the person or agency to which the child is to be discharged, if known;
11.2.4. A procedure for transferring information and records about the child to the new program when the child is to be placed in another program upon discharge;
11.2.5. An account of the child’s awareness and understanding of his or her aftercare plan;
11.2.6. The signatures of the planning team members and dates they signed the aftercare plan;
11.2.7. Documentation of any disagreement of a planning team member with the child's discharge or aftercare plan; and
11.2.8. The reasons why a member of the planning team is unable to participate in the aftercare planning.
11.3. An agency shall develop and implement a written procedure for a request for removal from the agency’s care that are not in the child's service plan. For a request for removal other than an emergency, an agency shall give a minimum of 10 working days’ notice of the discharge to the placing worker, or his or her supervisor.
11.4. An agency shall develop and implement a written procedure for emergency discharges that includes the following provisions:
11.4.1. An emergency discharge shall occur only when a child's behavior may present a danger to himself or herself or others or when the foster family experiences a calamity;
11.4.2. The identification of employees designated by the agency to have the authority to assess the child's status and to recommend an appropriate alternate placement;
11.4.3. An agency shall notify the placing worker and the primary case manager of the discharge immediately;
11.4.4. If the agency arranges for an emergency placement, the placing worker and the primary case manager shall be consulted in determining which placement best meets the child's needs; and
11.4.5. An agency shall document the emergency discharge in the child's case record within 24 hours of the discharge.
11.5. On the day of a planned discharge an agency shall document the following information in the child's record:
11.5.1. The return by the agency of the child’s personal items, prescribed medication and dosage instructions, and personal records including the child’s birth certificate, and social security card; and
11.5.2. The name, relationship to the child, and address of the person or agency receiving physical custody of the child upon discharge, if known.
11.6. Within 30 days of the date of a child's discharge, an agency shall complete a written discharge summary that includes the following information:
11.6.1. The name, address, telephone number and relationship of the person or agency to which the child was discharged, if known;
11.6.2. The date of the child's discharge;
11.6.3. The reason for the child's discharge;
11.6.4. A summary of all services provided during placement;
11.6.5. An account of the child's growth and accomplishments during placement;
11.6.6. A description of the circumstances that led to an unplanned discharge if it is not in accordance with the child's service plan, the actions taken by the agency, and the reasons for these actions; and
11.6.7. The planning team's recommendation for the most appropriate placement for the child.
W. Va. Code R. § 78-2-12 The Agency's Responsibilities to Foster and Adoptive Parents
12.1. An agency shall develop and implement a handbook of the responsibilities of foster and adoptive parents to the child, to the child’s family and to the agency. The handbook shall state the necessary policies, procedures, laws, and forms.
12.2. An agency shall develop and implement a procedure detailing its responsibilities to foster and adoptive parents included in the service agreement between the agency and the foster or adoptive parent and the handbook. The procedure shall require the agency to:
12.2.1. Provide to the foster or adoptive parents a copy of the handbook that describes the responsibilities of the foster or adoptive parents and the agency in the placement of a child;
12.2.2. Provide that the agency’s emergency telephone on-call system be operational at all times;
12.2.3. Inform foster or adoptive parents about the agency’s grievance procedure;
12.2.4. Provide complete information about a child's background, his or her current physical, mental, emotional, and behavioral functioning and any special needs prior to placement;
12.2.5. Involve foster or adoptive parents on the child's service planning team and provide them a copy of the child's initial plan of care and all subsequent plans;
12.2.6. Provide ongoing training, guidance, and support, including crisis support;
12.2.7. Provide periodic respite care for a child in a foster care placement;
12.2.8. Provide complete information about the procedures to be followed when an allegation of child abuse or neglect, or a complaint of noncompliance with licensing rules or agency policy is made;
12.2.9. Maintain the confidentiality of records according to agency policy and procedure;
12.2.10. Provide foster or adoptive parents access to their own record with the exception of reference letters and reference interviews;
12.2.11. Ensure foster or adoptive parents maintain liability and personal loss coverage for loss or damage occurring as a result of their role as foster parents;
12.2.12. Give foster or adoptive parents 10 working days’ notice prior to removing a child, unless it is an emergency situation or court order;
12.2.13. Inform adoptive parents of the child’s legal status prior to and upon the final adoption;
12.2.14. Inform adoptive parents of the legal procedures involved in adoption under W. Va. Code §48-22-1 et seq.; and
12.2.15. Inform foster or adoptive parents of the foster child bill of rights (W.Va. Code §49-2-126) and the foster and kinship parent bill of rights (W. Va. Code §49-2-127).
W. Va. Code R. § 78-2-13 Foster and Adoptive Parents’ Characteristics and Criteria
13.1. Personal Characteristics.
13.1.1. Newly approved foster and adoptive parents shall be age 18 or older.
13.1.2. Prior to approval, each foster and adoptive parent shall provide the agency with a written or recorded detailed personal history in his or her own words which may include:
13.1.2.a. Childhood and family experiences, including those with extended family;
13.1.2.b. Education and employment history;
13.1.2.c. Important life experiences;
13.1.2.d. Values, ideals, religious beliefs, if any, and practices;
13.1.2.e. Health history, including use of drugs or alcohol;
13.1.2.f. Hobbies and interests; and
13.1.2.g. Parenting or child care experience.
13.1.3. At the time of consideration by an agency, foster and adoptive parents shall disclose and sign a release of information detailing any current or previous experience with other licensed agencies or the Department. Foster and adoptive parents may only be certified with one agency at any given time.
13.2. Health Considerations.
13.2.1. Prior to approval, foster and adoptive parents shall provide the agency with the following health documentation:
13.2.1.a. An initial medical exam report from a physician for the foster and adoptive parents and all other household members certifying they are in good health, free of communicable diseases, and have had a tuberculin risk assessment or skin test. When TB results are positive, documentation of a physician’s recommended follow-up must be on file. An agency shall require documentation of medical exams and TB risk assessment every five years from foster parents; and
13.2.1.b. Any previous history of or current condition involving a disability, alcoholism, or addiction for all household members.
13.2.2. The agency, the Licensing Director or the Director of the Institutional Investigative Unit may require additional examinations, mental health assessments, or drug screens for indications that the safety or well-being of a child in care may be jeopardized by the physical and mental health of a household member.
13.2.3. An agency shall not approve foster and adoptive parents whose health, behavior, or emotional or psychological make-up may endanger the well-being of a child, and shall develop and implement a procedure for the immediate removal of a child in placement if a concern for the child’s safety or well-being is indicated.
13.2.4. A foster or adoptive parent currently in therapy shall provide a signed statement from the therapist indicating that he or she is capable of providing appropriate child care.
13.3. Living Arrangements.
13.3.1. The total number of children in a foster home, including the family's own children living in the home, may not exceed six children.
13.3.2. An agency shall not permit a family to parent more than two children less than two years of age in the same home at the same time unless they are siblings.
13.3.3. Foster parents shall not care for unrelated adults for compensation in the home, unless the adults were placed for care in that home as a foster child.
13.3.4. Foster parents shall not provide day care services in the home for unrelated children for compensation.
13.4. References.
13.4.1. Foster and adoptive parents shall provide the agency with the names of at least four references from persons who are not related to the parents.
13.4.2. The agency shall ensure that three of the four references are interviewed face-to-face or by telephone to discuss in detail their responses and any related information. The fourth reference may be in writing. Copies of these interviews shall be signed and dated by the interviewer.
13.4.3. An agency shall not approve a foster or adoptive home unless all references for the foster and adoptive parents are positive in nature.
13.5. Finances and Working Arrangement.
13.5.1. Foster and adoptive parents shall provide the agency with documentation of sufficient income and financial resources to meet their financial obligations.
13.5.2. If foster or adoptive parents are, or a single foster or adoptive parent is, employed outside the home, the agency shall approve a plan for the care and supervision of the child during work hours, and the plan shall be included in the child's service plan.
13.6. Background Checks.
13.6.1. Prior to approval, all household members over the age of 18 shall submit an application to the WV CARES unit of the Department for a criminal background check and a search of Department records of substantiated findings of abuse or neglect.
13.6.2. All offenses committed by current juvenile household members must be reported on a continual basis. These offenses shall be considered in determining the suitability of the home.
13.6.3. Alternate caregiver for a foster child shall meet the same criteria for background checks and protective service record checks as the foster or adoptive parent or be a licensed childcare provider. Alternate caregiver does not mean the occasional short-term, temporary act of caring for a foster child.
13.7. Transportation. An agency shall require that:
13.7.1. Foster and adoptive parents have reliable, legal, and safe transportation available.
13.7.2. Foster and adoptive parents show proof that the vehicles used to transport children are covered by liability insurance.
13.7.3. Foster and adoptive parents will use the reasonable and prudent parent standard when deciding who may transport the child.
W. Va. Code R. § 78-2-14 Foster and Adoptive Parents’ Agreement with an Agency
14.1. Foster and adoptive parents shall enter into a cooperative agreement with an agency that includes the provisions that foster and adoptive parents shall:
14.1.1. Permit an agency and designated Department employees to conduct announced and unannounced home visits and permit access to children in the Department’s custody upon request;
14.1.2. Immediately notify an agency about any hospitalization, surgery, accident, serious illness, death, arrest, or detention by a law enforcement agency of a child, or about any other unanticipated incident involving the child placed in their home;
14.1.3. Follow an agency's policy on discipline and on confidentiality of the child’s records;
14.1.4. Document their understanding of an agency's policy on child abuse or neglect;
14.1.5. Notify an agency not less than 10 days before requesting the voluntary removal of a child, unless there is an emergency or other circumstance that necessitates the immediate removal of a child;
14.1.6. When possible, give an agency not less than 30 days’ notice when requesting the voluntary closure of their home; and
14.1.7. Inform an agency of a charge, arrest, or indictment of any adult household member within 24 hours of the occurrence.
W. Va. Code R. § 78-2-15 Safety Requirements for Foster and Adoptive Homes
15.1. An agency shall ensure that the physical facilities of a foster or adoptive home present no health or safety hazards, and that they are sufficiently clean and comfortable to ensure the well-being and respect of the family in the community. Cosmetic damages shall not be considered health or safety hazards so long as the damage does not affect the safety or wellbeing of a child.
15.2. An agency shall ensure that all approved homes have recreation spaces available to children that are appropriate for their ages.
15.3. For sleeping, an agency shall ensure that:
15.3.1. Each child shall have an individual bed that is not a cot or roll away bed;
15.3.2. A maximum of four children may share a bedroom;
15.3.3. A child shall not share a bedroom or a bed with an adult, or a child of the opposite sex. A child less than two years old may temporarily share a bedroom;
15.3.4. A child’s bedroom may not be used for any other purpose;
15.3.5. A child’s bedroom located in the attic or basement shall meet the same standards as all bedrooms in the home; and
15.3.6. Notwithstanding the above, a dedicated sleeping space as appropriate for the child’s needs and age shall be permitted so long as it is similar to the sleeping spaces for other household members.
15.4. An agency shall ensure that the foster or adoptive home has an operative telephone which may be a landline or cellular service; alternative devices such as citizen band radios must be approved prior to use. In the event having a telephone is contrary to a family’s religious beliefs, the agency shall ensure that emergency situations can be adequately addressed and that appropriate contacts can be made with the family and the child in a timely manner.
15.5. An agency shall ensure that household items including cleaning supplies, toxic or flammable materials, medicines, and non-refrigerated alcoholic beverages that may be hazardous to a child are stored in areas inaccessible to children.
15.6. An agency shall ensure that weapons, related attachments, and ammunition are stored in a locked container inaccessible to children.
15.7. An agency shall require a fire safety plan with the following:
15.7.1. That a home has a fire escape plan that includes a diagram of the rooms, the escape routes, and an outside meeting place;
15.7.2. That all age appropriate children will be walked through the fire escape plan and route with the foster or adoptive parent within 24 hours of placement;
15.7.3. That a battery-operated smoke detector be located near a child’s bedroom;
15.7.4. That a fire extinguisher of a minimum of five pounds be located in the kitchen;
15.7.5. That outlets and plug-in extensions, and kitchen, heating and other electric appliances have standard UL approved safety features and be clear of combustible materials;
15.7.6. That electrical circuits be protected by a maximum 20-amp fuse or circuit breaker; and conform to reasonable safety standards; and
15.7.7. That an operative flashlight be easily accessible for emergency lighting.
15.8. An agency shall ensure that all mobile homes under consideration for placement homes are manufactured after 1976.
15.9. An agency shall ensure that non-municipal water used in a home is tested and determined to be safe.
15.10. An agency shall ensure that children are not housed in detached housing or unapproved rooms.
15.11. An agency shall ensure that hot water heaters have a safety valve and supply sufficient hot water to adequately meet household requirements.
15.12. An agency shall ensure that all animals owned by the foster or adoptive parents that come in contact with a child in placement are vaccinated as required by state law.
W. Va. Code R. § 78-2-16 Comprehensive Home Study
16.1. An agency shall conduct a comprehensive written home study with the prospective foster or adoptive parents and all household members prior to placing a child in the home including a minimum of one individual in-person interview for each parent and two joint interviews.
16.2. An agency shall write a narrative report on the home study that lists the contact dates, times, locations and participants, and is signed and dated by the agency employee who conducted it and the agency director, or his or her designee.
16.3. The study shall describe and evaluate aspects of the home and family and shall include:
16.3.1. The composition of the household and intra-family relationships;
16.3.2. The family’s attitudes, values, and level of understanding of child development and sex education;
16.3.3. The family decision making process, including descriptive examples;
16.3.4. The manner in which the family handles conflict, stress, and frustration, including descriptive examples;
16.3.5. Individual and family hobbies, recreation, community activities, and social life;
16.3.6. The family's values and attitudes and how they relate in the community and to religious, ethnic, and cultural differences;
16.3.7. Each parent's personal history, attitudes, feelings, and values;
16.3.8. The parent’s financial situation;
16.3.9. The parent’s motivation to become foster or adoptive parents;
16.3.10. The family’s attitudes about having a foster child in the home, and about a foster child's biological parents and family;
16.3.11. An account of discipline methods discussed with the family including:
16.3.11.a. Methods acceptable to the agency; and
16.3.11.b. The family’s attitude about discipline and their past experiences with discipline methods;
16.3.12. A summary of the agency’s discussion of the multiple aspects of foster child care including the circumstances surrounding placement of a child in foster care, the family’s expectations of a foster child’s presence in the home, anticipated problem situations and coping skills, and possible reactions of the child placed;
16.3.13. An assessment of the adoptive parent’s ability and willingness to make a lifetime commitment to the adopted child, and their understanding of the legal rights of the adopted child;
16.3.14. A summary of the agency’s discussion with the adoptive parents about who would become the adopted child’s guardian if both of the adopted parents died;
16.3.15. An account of the agency’s discussion with the adoptive parents about open adoption;
16.3.16. The agency’s discussion with the adoptive parents about health insurance coverage for the adoptive child before the adoption is finalized;
16.3.17. The agency’s discussion with the adoptive parents about adopting a child with special needs, subsidies, and the availability of community resources; and
16.3.18. A statement of the number, ages and gender of children desired by the foster or adoptive parents.
16.4. The home study shall identify the foster or adoptive parents’ strengths, attributes, abilities, weaknesses, potential problem areas, or concerns as the basis for approval.
16.5. The home study shall make a recommendation regarding the number, ages, and gender of children for which the home may be approved for placement and any other special conditions or circumstances that may apply.
W. Va. Code R. § 78-2-17 Approval or Denial of a Foster or Adoptive Home for Placement
All employees who participated in the home study process shall be involved in the approval or denial of the home for placement, shall set the conditions or circumstances of the approval or denial, and shall notify the family in writing of one of the following:
17.1. Notification of Approval. An agency shall provide foster or adoptive parents with a certification of the approval of their home for placement, including the names of the foster or adoptive parents approved, the home address, the date of approval, the number, ages, and gender of children for which approval is given, and any other conditions placed on the approval. The certification expires three years from the date of issuance unless it is revoked;
17.2. Notification of Denial. An agency shall provide foster or adoptive parents with written notification of the denial that includes the reason for the denial; or
17.3. Notice of Revocation. An agency shall provide foster or adoptive parents with written notification of revocation of the status of approval that includes the revocation date and the reason for the revocation.
17.4. An agency shall not deny a foster or adoptive parent a certification of approval of their home for placement on the basis of a class of individuals protected by federal or state statutes or rules.
W. Va. Code R. § 78-2-18 Re-Certification for Approved Foster and Adoptive Parents
18.1. An agency shall re-evaluate foster or adoptive parents every three years and complete a narrative summary that includes:
18.1.1. The names, ages, and lengths of stay of the children placed with the foster or adoptive parents and the children’s reasons for leaving;
18.1.2. An assessment of the foster or adoptive parents’ ability to implement the children’s service plans and any changes in the family's circumstances;
18.1.3. An assessment of the foster or adoptive parents’ attitudes on foster care, the foster child’s biological family, and the agency;
18.1.4. An assessment of the foster or adoptive parents' strengths and weaknesses;
18.1.5. Ensure continued compliance with all Criminal History Background Check requirements;
18.1.6. Requirements for any changes in the conditions of approval; and
18.1.7. The dates and signatures of the employee who wrote the re-certification and the agency director or his or her designee.
18.2. An agency shall renew a foster or adoptive family’s certificate of approval upon the successful completion of the re-certification process.
18.3. For foster or adoptive parents who have not had a child placed with them, an agency shall evaluate them every three years and complete a narrative summary that includes:
18.3.1. An update of each of the parent’s biographies, and any changes in their circumstances or attitudes about adoption;
18.3.2. Requirements for any changes in the foster or adoptive parents' conditions of approval; and
18.3.3. The dates and signatures of the employee who wrote the evaluation and the agency director or his or her designee.
18.4. An agency shall complete an annual safety assessment for each foster or adoptive parent that includes:
18.4.1. Documentation of 12 hours of in-service training completed;
18.4.2. Home environment check;
18.4.3. Documentation of an emergency response plan updated annually;
18.4.4. Review of any investigation of the family or the home;
18.4.5. Review of any corrective action plan or any non-compliance issue;
18.4.6. Review of any changes in the home or with the family, including but not limited to financial or employment status, home composition, home structure and environment, and health issues. §78.2.19. Training for Foster or Adoptive Parents.
19.1. For Approved Foster or Adoptive Parents.
19.1.1. As a condition of approval, an agency shall require that each foster parent participate in approved pre-service training curriculum.
19.1.2. An agency shall develop and implement a written plan for the orientation, annual in-service training, and child-specific training for foster or adoptive parents.
19.1.3. An agency shall document in the foster or adoptive parents' record the date, subject, its duration, the format of the training and the name and title of the training instructor, if applicable.
19.1.4. Prior to the placement of a child, the agency shall complete foster parent training on the placement process, the agency’s services and programs, legal aspects of foster care and adoption, the agency’s discipline policies, behavior management, crisis de-escalation and intervention, first aid training, including cardiac pulmonary resuscitation, the lifelong implications of adoption, normalcy, reasonable prudent parent standards, and the dangers of trafficking.
19.1.5. In addition to orientation training, an agency shall provide foster or adoptive parents with a minimum of 15 hours of ongoing training during the first year of approval.
19.1.6. After the first year of approval, an agency shall provide foster parents with a minimum of 12 hours of ongoing annual training in addition to training in first aid and cardiac pulmonary resuscitation.
19.1.7. An agency shall provide child-specific training to assist foster or adoptive parents in implementing a child's service plan or a specific treatment objective.
W. Va. Code R. § 78-2-20 Foster or Adoptive Child Placement and Home Closure Information
20.1. Presentation of a Child to Prospective Foster or Adoptive Parents. An agency shall develop and implement a written procedure for the introduction of a child to the prospective foster or adoptive parents for planned placements that includes the following provisions:
20.1.1. Prior to proceeding with the placement, the agency shall give a complete non-identifying description of the child with all available information to the prospective foster or adoptive parents;
20.1.2. Upon request, the agency shall have a profile available for the prospective foster or adoptive parents;
20.1.3. The agency shall set a time frame for a decision by the prospective foster or adoptive parents about proceeding with the placement; and
20.1.4. The agency shall document this process in the child's and the prospective foster or adoptive parents' records.
20.2. Emergency Child Placements in Prospective Foster Care. An agency shall establish a procedure for emergency placements that includes the following provisions:
20.2.1. At the time of placement the agency shall provide as much information as is known about the child to the prospective foster or adoptive parents, and shall provide additional information when it is available or as soon as the child assessment is completed;
20.2.2. An agency shall identify the needs and strengths of the child; and
20.2.3. An agency shall document the emergency placement process in the child's and the foster or adoptive parents' record.
20.3. Closure of a Foster or Adoptive Home. An agency shall establish a procedure for the closure of a foster home that includes the following provisions:
20.3.1. A set of conditions, circumstances, and reasons for closure;
20.3.2. Specific procedures to follow;
20.3.3. That written notification be provided to the foster or adoptive parents; and
20.3.4. Complete documentation of the process by the agency in the foster or adoptive parents' record. §78.2.21. Services to Biological Parents in Private Agency Adoption Only.
21.1. An agency shall ensure the protection of the legal rights of a child’s biological parents to whom services are provided by following the procedures set forth in W. Va. Code §48-22-101, et seq.
21.2. An agency that accepts custody of a child from the biological parents, whether or not the child is placed for adoption, shall ensure that the following services are provided to the biological parents:
21.2.1. Counseling regarding the reasons for considering adoption planning for the child;
21.2.2. A complete information presentation about alternatives to adoption in an objective and noncoercive manner;
21.2.3. Assistance in obtaining prenatal, maternity, and postpartum care, health education, family planning services, and nutrition services; and
21.2.4. Assistance in separating from the child, in accepting the permanence of the decision, and in determining immediate plans in their lives.
21.3. An agency shall maintain records for biological parents. Each record for biological parents shall include:
21.3.1. The names, addresses, telephone numbers, dates of birth, social security numbers and marital status of the biological parents;
21.3.2. A description of all services and programs provided to parents;
21.3.3. Information regarding the status of parental rights including consent to adopt, determination of paternity, relinquishment of parental rights, court orders, and revocation of consent to adopt; and
21.3.4. Written agreements and authorized releases regarding the extent of information disclosure between the biological parents and their child. §78.2.22. Department Adoption.
22.1. Foster or Adoptive Parents’ Role in Adoption Planning. An agency shall include the foster or adoptive parents in the child's adoption planning team by:
22.1.1. Explaining the foster or adoptive parents’ role in the adoption process;
22.1.2. Informing them of all plans for the child, including the child’s placement planning; and
22.1.3. Providing support to them after the child has been placed in an adoptive home.
W. Va. Code R. § 78-2-23 Private Agency Adoption
23.1. Presentation of Background Information.
23.1.1. When presenting a newborn child's background information to the prospective adoptive parents, an agency shall follow a written procedure that includes the following provisions:
23.1.1.a. Prior to proceeding with an adoptive placement, an agency shall provide prospective adoptive parents with a complete verbal and written description of all available information on the biological parents' family histories and the prenatal care received by the biological mother;
23.1.1.b. If the agency practices open adoption, the agency shall prepare a preplacement agreement to be signed by the biological parents and the prospective adoptive parents that identifies the amount of initial or ongoing contact, and written policies and procedures defining each party’s role; and
23.1.1.c. An agency shall establish time frames for a decision by the prospective adoptive parents about proceeding with the adoptive placement.
23.1.2. When presenting an older child's background information to the prospective adoptive parents, an agency shall follow a written procedure that includes the following provisions:
23.1.2.a. Prior to proceeding with an adoptive placement, an agency shall give a complete and accurate verbal description of the child to the prospective adoptive parents;
23.1.2.b. An agency shall show photographs or videos of the child to the prospective adoptive parents;
23.1.2.c. An agency shall provide a written summary including all information available about the child to the prospective adoptive parents;
23.1.2.d. An agency shall arrange a meeting between the child's foster parents or other caretakers and the prospective adoptive parents if appropriate to discuss the child's day-to-day behavior; and
23.1.2.e. An agency shall establish time frames for a decision by the prospective adoptive parents about proceeding with the adoptive placement.
23.1.3. When presenting information about the prospective adoptive parents to the child an agency shall follow a written procedure that includes the following provisions:
23.1.3.a. The agency shall present information to the child about the prospective adoptive parents by using a scrapbook created by the prospective adoptive parents about themselves; and
23.1.3.b. The agency shall encourage the child's foster parents to be active partners in this process. 23.2 Adoption Placement Planning. An agency shall establish a procedure for placement planning that includes the following provisions:
23.2.1. Placement planning shall be guided by the needs of the child and visits prior to placement for a child older than infancy shall occur over a minimum of a two-to-three-week period; and
23.2.2. The agency shall contact the prospective adoptive parents during and after the parents’ visits with the child to discuss concerns, needs and successes of the child and the adoptive parents.
23.3. Intercountry Adoption Services.
23.3.1. An agency offering intercountry adoption services shall establish a written procedure that describes the process for handling intercountry placement and placement disruptions that provides for the well-being of the child, including an alternate placement plan.
23.3.2. An agency offering intercountry adoption services shall establish a written procedure that complies with the United States immigration laws and the laws of the sending country and protects the rights of the child and biological parents.
23.3.3. The agency shall seek legal counsel when necessary.
W. Va. Code R. § 78-2-24 Services Provided for Private Agency and Department Adoptions
24.1. Adoption Placement Services. An agency shall establish a procedure for placement services that includes the following provisions:
24.1.1. An agency shall provide the child's school records, medical history, and immunization records to the adoptive parents upon placement;
24.1.2. The agency and the adoptive parents shall sign the adoptive service agreement upon placement; and
24.1.3. The agency shall document the services offered or already provided to the child and the adoptive parents in the child's and adoptive parents' records.
24.2. Adoption Support Services Following Placement.
24.2.1. An agency shall develop and implement a written description of the support services offered following placement, that includes:
24.2.1.a. The goals of the support services;
24.2.1.b. The rights and responsibilities of the agency and of the adoptive parents following placement;
24.2.1.c. The subsidies that may be available;
24.2.1.d. Time frames for contact and visits following the placement that shall include:
24.2.1.d.1. An initial telephone contact within 72 hours of placement and an initial visit within one week of placement;
24.2.1.d.2. A minimum of six visits during the placement, at least four of which are in the home of the adoptive parents;
24.2.1.d.3. In a two-parent family, both parents involved in at least three visits;
24.2.1.d.4. Additional visits on a frequency determined by the needs of the child and the adoptive parents;
24.2.1.e. Visits with all household members, and the child shall be observed during each visit; and
24.2.1.f. If the child is old enough to carry on a conversation, an interview with him or her in private during each visit;
24.2.2. An agency shall continue to provide support services for a minimum of six months or longer until permanent placement of the child is achieved; if the child is in the adoptive home as a foster care placement, the period of support services can include the time spent in the adoptive home in foster care;
24.2.3. An agency shall provide a final visit with the adoptive family to review the adoption process prior to finalizing the adoption.
24.2.4. An agency shall document all activities during the placement period in the child's and adoptive parents’ records. 24.3 Disruption of an Adoptive Placement. An agency shall establish a procedure to follow when a disruption in an adoptive placement is being considered or appears imminent that includes a requirement that the agency:
24.3.1. Train employees to recognize the circumstances that can lead to the disruption of an adoptive placement;
24.3.2. Specify the roles and responsibilities of the agency and the adoptive parents during the process of disruption and the planning for a subsequent placement for the child;
24.3.3. Offer counseling to the child according to his or her needs in dealing with the disruption; and
24.3.4. Document the planning and services provided during a disruption in the adoptive parents’ and child's records. 24.4 Placement of the Child After Disruption. An agency shall establish a procedure to follow for subsequent placement after a disruption of the adoptive placement that includes the agency:
24.4.1. Making every effort to find another adoptive placement for the child and doing everything possible to assist and support the child in adjusting to a new placement;
24.4.2. Giving complete information about the child to subsequent foster or adoptive parents prior to their making a decision to proceed with the new placement that includes:
24.4.2.a. The nature of the disruption, the extent of the difficulties that resulted from the disruption and the child’s reaction to the disruption;
24.4.2.b. When possible, a meeting with the previous adoptive parents to learn about the child; and how separation and loss might affect a child’s behavior; and
24.4.3. Documenting the planning and services provided during a placement after disruption in the subsequent foster or adoptive parents’ and child's records. 24.5 Finalization of the Adoption. An agency shall establish a written procedure that conforms with W. Va. Code §48-22-1, et seq., for the finalization of an adoption that includes the following provisions:
24.5.1. A description of the process of finalizing an adoption;
24.5.2. A description of the roles and responsibilities of everyone involved in finalizing an adoption; and
24.5.3. The written consent of a child 12 years or older to the adoption.
24.6. Post-Legal Adoption Services. An agency shall establish a procedure for the post-legal adoption services it offers, that includes the following provisions:
24.6.1. Adoption subsidy assistance;
24.6.2. Counseling assistance for adoption issues, including search and contact;
24.6.3. Information about the biological family and birth history;
24.6.4. Education and support services for adoptive families;
24.6.5. Referrals for needed community services; and
24.6.6. Information and counseling concerning the Mutual Consent Adoption Registry.
W. Va. Code R. § 78-2-25 Transitional Living Services Program, Supervised Setting for Children Living Independently
25.1. An agency shall develop and implement policies, procedures, and forms for transitional living services, that will be provided to children transitioning from foster care, that includes the following:
25.1.1. The information and documentation required under this licensing rule; and
25.1.2. The date of implementation, review and revision of each policy, procedure, or form.
25.2. An agency shall operate in accordance with its written policies and procedures.
25.3. An agency shall establish eligibility criteria for transitional living services that include:
25.3.1. Policies and provisions developed by an agency based on Department requirements that specifies the services that will be provided to children transitioning to adulthood;
25.3.2. Age requirements for child receiving transitional living placement services is 17 years of age, but not more than 26 years of age;
25.3.3. Written permission from the child’s parents or guardian for a child less than 18 years of age to enter a scattered-site living arrangement;
25.3.4. A written service agreement with a transitioning adult entering a transitional living arrangement;
25.3.5. A determination by an agency that a child has shown that he or she is stable, mature, and responsible enough for entry into the determined level of transitional living arrangement;
25.3.6. A life skills assessment by an agency of a child prior to placing him or her in a transitional living arrangement and renewed annually; and
25.3.7. A written transition plan developed with the child that identifies educational or training program or employment or pursuance of employment by the child in transitional living.
25.4. An agency shall assist the child in the development of a monthly budget that outlines income, savings, and expenditures.
25.5. The agency and child shall determine if a roommate is appropriate for a child prior to placement in transitional living settings. The roommate must be able to support his or herself and contribute at least one-half of the living expenses for the scattered-site setting.
25.6. An agency shall provide specific service training to employees providing transitional living services prior to their direct work with a child.
25.7. An agency shall document face-to-face contact and hours spent with a child in a transitional living setting in the service plan that meet the child’s needs and program level.
25.8. After a child is in a transitional living placement, an agency shall assess the child’s progress in acquiring basic living skills at a minimum of once every six months.
25.9. An agency shall develop and implement policies and procedures to ensure that any child in a transitional living setting receives training and guidance on appropriate health screening and services, including medical and dental screening and services.
25.10. An agency shall develop policies and procedures for assisting child in searching for an appropriate dwelling that will be used as a scattered-site living setting that includes the following provisions:
25.10.1. A safe, affordable dwelling;
25.10.2. A dwelling has a working telephone or other means of communication in an emergency, indoor cooking and an appropriate water source for cooking, cleaning, and bathing;
25.11. An agency shall develop policies for assisting the child in emergencies and develop a plan that includes the following:
25.11.1. A 24 hour a day, seven day a week access to emergency services;
25.11.2. A plan developed by the agency and child for emergency medical care and emergency evacuation;
25.12. The agency shall develop policies and procedure on how it will determine the child’s level of successful functioning in the transitional living setting before he or she may be discharged.
25.13. The agency shall develop policies and procedures on developing aftercare plans for children prior to discharge.
25.14. The agency shall develop a grievance procedure for expressing and resolving the child’s complaints or concerns.
25.15. The agency shall provide employees and children placed in a scattered-site setting or receiving transitioning services an opportunity to participate in the review or revision process of policies, protocols, or procedures.
W. Va. Code R. § 78-2-26 Grievance Procedure
An agency shall develop and implement a written grievance procedure for children and foster, adoptive, and biological families. The procedure shall be written in clear and simple language and shall include at least the following provisions:
26.1. An agency shall ensure that children and their biological families can express concerns or make complaints without fear of retaliation;
26.2. The grievance procedure shall ensure due process; and
26.3. The child's primary case manager shall explain the procedure to the child and his or her biological parents or guardian upon admission and obtain written acknowledgment that an explanation of the procedure has been provided.
W. Va. Code R. § 78-2-27 Administrative Due Process
Any person aggrieved by an order or other action by the Secretary based on this rule, or W. Va. Code §49-2-105 may make a written request to the Secretary within 30 days in accordance with the Department of Health and Human Resources rule, “Rules for Hearings Under the Administrative Procedures Act,” 69CSR1, a copy of which may be obtained from the Secretary of State. In the alternative, foster parents or foster children may file a complaint with the Foster Care Ombudsman.
78CSR2
78CSR2
Series 03 Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia
W. Va. Code R. § 78-3-1 General
1.1. Scope. -- This rule establishes standards and procedures for the licensure of residential child-care and treatment facilities and vulnerable and transitioning youth group homes and programs under the provisions of W. Va. Code §49-2-101 et seq., §27-17-1 et seq., and related federal and state codes except as set forth in subsection 2.3. of this rule (relating to exemptions). The West Virginia Code is available in public libraries and on the Legislature’s web page, http://wvlegislature.gov/. This rule should be read in conjunction with the provisions of W. Va. Code §49-2-101 et seq., §27-9-1, and §27-17-1 et seq.
1.2. Authority. -- W. Va. Code §49-2-121, §27-17-3, §27-1A-4(g), §27-1A-6(6) and §27-1A-7.
1.3. Filing Date. – March 30, 2023.
1.4. Effective Date. – June 28, 2023.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2028.
1.6. Review and Revision -- This legislative rule will be reviewed at a minimum of every five years for content and applicability, with revisions and additions made as needed.
1.7. The organizations covered in this rule (excluding ICF-ID and PRTF) are exempt from the requirements of “Behavioral Health Centers Licensure,” 64CSR11.
1.8. Purpose -- These standards are the basis for the licensing and approval of residential child-care and treatment facilities in West Virginia. Licenses or certificates of approval are issued if the standards and applicable rules and regulations are met. The purpose is to protect the health, safety and well-being of children receiving care in residential facilities and to regulate the provision of out of home behavioral health treatment for children with behavioral, emotional or developmental, or both, challenges, placed in congregate treatment settings, through the formulation, application and enforcement of minimum licensing requirements. Nothing in these standards are intended to interfere with any requirements relating to funding streams.
W. Va. Code R. § 78-3-2 Application and Enforcement
2.1. The core requirements, section 1 through subsection 16.4., apply to all residential child care settings and congregate treatment settings, both public and private, that offer residential services to children and transitioning adults who have been separated from their family for the purpose of care or behavioral health treatment, or both, except where otherwise indicated within this rule. Organizations classified as providing foster family care by the Department of Health and Human Resources are exempt from this rule and are governed by the Department’s rule “Child Placing Agencies Licensure,” 78CSR2. Each organization included in this rule shall comply with core requirements in addition to specialized modules as applicable to program provision.
2.1.1. This rule contains the minimum requirements to obtain a license or certificate of approval to provide residential child-care and treatment for children in West Virginia.
2.1.2. This rule applies equally to for- profit, not-for- profit, publicly funded and privately funded facilities.
2.1.3. This rule applies to the following congregate living facilities serving children and transitioning adults:
2.1.3.a. Psychiatric residential treatment facilities for persons less than 21 years of age;
2.1.3.b. Residential crisis support or emergency shelter care for vulnerable children;
2.1.3.c. Residential maternity and parenting facilities;
2.1.3.d. High quality group residential child-care settings for vulnerable children;
2.1.3.e. Qualified residential treatment programs;
2.1.3.f. Outdoor therapeutic educational programs;
2.1.3.g. Intermediate care facilities for persons with mental retardation;
2.1.3.h. Therapeutic residential schools; and
2.1.3.j. Vulnerable and transitioning youth group homes and programs.
2.2. Enforcement This rule is enforced by the Secretary of the Department of Health and Human Resources.
2.3. Exemptions This rule does not apply to the following:
2.3.1. A program exempted by the state or federal statute;
2.3.2. A program providing solely academic services accredited or operated by the state Department of Education;
2.3.3. Seasonal camps operated for children with a primary purpose of recreation, in which children are attending sessions for periods not exceeding 30 days;
2.3.4. Juvenile detention centers or juvenile correction facilities operated or contracted through the Department of Military Affairs and Public Safety;
2.3.5. Adoption and foster family care facilities recognized as such by the Department of Health and Human Resources; and
2.3.6. Hospitals or other medical facilities that are primarily used for temporary residential care of children for treatment, convalescence, or testing.
W. Va. Code R. § 78-3-3 Definitions
3.1. Administrator -- The designated person responsible for carrying out the governing body’s policies and overseeing the daily operations of the facility.
3.2. Aftercare -- Services to be provided subsequent to a child’s discharge from placement as identified in the discharge plan.
3.3. Adult Protective Services/Child Protective Services (APS/CPS) Background Check – an authorized disclosure of an individual’s history with the Department as an identified adult or child abuse maltreater.
3.4. Aversive Conditioning -- The application of startling, painful, or noxious stimuli for the purpose of behavior management.
3.5. Aversive Procedures -- Restrictive procedures that impose undesirable consequences for inappropriate behaviors.
3.6. Behavior Support Plan. -- A written plan designed to teach adaptive behaviors and reduce or eliminate maladaptive behaviors.
3.7. Behavioral Health Services and Treatment -- Services designed to improve the adaptive functioning (including but not limited to emotional, behavioral, interpersonal, and age-appropriate independent functioning) of children with mental illness; developmental disabilities; behavioral challenges; traumatic brain injuries expressed as emotional or behavioral difficulties; or substance abuse.
3.8. Care Plan/Master Plan of Care -- A document describing the services to be provided to a child while in residential care and treatment. This plan may also be referred ot as a treatment plan.
3.9. Case Record/Clinical Record -- A comprehensive collection of information about a child in the care of an organization providing residential treatment.
3.10. Case Record Review -- The review of case records for accuracy, consistency, quality, and compliance by an individual or group of individuals.
3.11. Child -- Any person less than 18 years of age or who is a transitioning adult as defined in subsection 3.85 of this rule.
3.12. Child Abuse -- Any act or omission that creates an abused child as the term is defined in W. Va. Code §49-1-201.
3.13. Child Neglect -- Any act or omission that creates a neglected child as the term is defined in W. Va. Code §49-1-201.
3.14. Child’s Case Plan -- A comprehensive document prepared by the Department following an adjudication by the court that the child is an abused or neglected, or both, child, that directs the provision of services, including the services provided to the child and the provision of a permanent placement for the child.
3.15. Child-Specific Training -- Training provided to respond to the individualized needs of a child.
3.16. Civil Rights -- The rights of personal liberty guaranteed by the Constitutions of the United States and the State of West Virginia, by federal, and state laws.
3.17. Continuous Quality Improvement -- A well-defined process for assessing and improving the overall performance of the organization by identifying standards that will promote quality outcomes for persons served and modifying the organization’s practices and services to meet those outcomes.
3.18. Corporal Punishment -- Punishment intended to cause physical pain to a child.
3.19. Corrective Action Plan -- A written agreement between the Department and an organization that outlines the steps an organization shall take to correct areas of non-compliances identified by the Department through an inspection or the investigation of a complaint.
3.20. Criminal History Background Check -- A review of information pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., and 69CSR10, and an examination of protective service records to determine eligibility for employment or participation under this rule.
3.21. Crisis Intervention Skills and Techniques -- Methods used to de-escalate situations that could result in harm to persons or property.
3.22. Critical Incident -- An alleged, suspected, or actual occurrence that creates a significant risk of substantial or serious harm to the physical or mental health safety or well-being of a child in residential treatment, including but not limited to any of the following: abuse, neglect, death due to any cause, attempted suicide, behavior that will likely lead to serious injury or significant property damage, fire resulting in injury, relocation or an interruption of services, any major involvement with law enforcement authorities, injury that requires hospitalization or results in permanent physical damage, life-threatening reaction because of a drug or food, a serious consequence resulting from an apparent error in medication or dietary administration, extended and unauthorized absence of a child that exceeds his or her plan of care provision for community access, or the unplanned removal of a child, against his or her wishes, from either residential or program services.
3.23. Department -- The West Virginia Department of Health and Human Resources.
3.24. Detoxification -- The process of eliminating the toxic effects of drugs and alcohol from the body.
3.25. Direct Service Worker -- Any employee of an organization who works directly with children as a major function of his or her job.
3.26. Discharge -- The termination of a child’s placement or services with an organization.
3.27. Discharge Planning -- The organized process of identifying the approximate length of stay and the criteria for exit of a child from the current service, and less restrictive alternatives for a later date. Discharge planning begins upon admission and includes provision for appropriate follow-up services.
3.28. Discipline -- Corrective action to discourage rule violation or undesirable behavior.
3.29. Documentation -- A record in compliance with this rule.
3.30. Early Periodic Screening, Diagnosis and Treatment (EPSDT), also known as “HealthCheck” -- The child health component of the Medicaid program that establishes standards of medical care for children.
3.31. Family and Permanency Team -- A team required for children placed in qualified residential treatment programs designated to review and approve the child’s placement and plan of care, as appropriate, that includes members of the family’s choice.
3.32. Goal -- An expected result or condition that takes time to achieve, is specified in a statement of relatively broad scope, and provides guidance in establishing intermediate objectives directed toward its attainment.
3.33. Governing Body -- A person or persons with the administrative control and legal authority to set policy and oversee operations of an organization.
3.34. Group Residential Child Care and Treatment -- A residential program that provides room, board, supervision and behavioral health treatment to children or transitioning adults with behavioral, developmental or psychiatric, or both, challenges that includes all sub-types of care addressed in this rule.
3.35. Health Screen -- A physical examination that is administered by a qualified health practitioner (i.e., medical or osteopathic physician; registered nurse; physician’s assistant) that occurs within 72 hours of placement into a new milieu.
3.36. High-Quality Group Residential Child Care Treatment for Vulnerable Children -- Provision of supervision, room, board and psychosocial or habilitative treatment for vulnerable children and youth who are in need of out-of-home care and may be considered emotionally, developmentally and or behaviorally challenging. These programs will be operated with a trauma-informed structure throughout the organization.
3.37. Human Resources -- All persons providing services within an organization including all employees, volunteers, student interns and consulting professionals.
3.38. Incident -- An act or series of acts or behaviors, that place a child or others at risk.
3.39. Independent Contractor -- Individuals who perform paid services for youth and are not employed by the residential facility. This individual performs services as specified in a contract or formal agreement as needed or required.
3.40. Informed Consent -- Written verification that a child and his or her parent or guardian have been informed of the nature of the treatment provided to the child and that they agree to the proposed treatment.
3.41. Institutional Investigative Unit -- A unit of the Department authorized by the Secretary to investigate complaints of child abuse or neglect.
3.42. Interdisciplinary Team -- A group including a child, representatives from the organization, parent or guardian, and guardian ad litem or attorney representing the child, whose responsibility is to design and review a child’s plan of care.
3.43. Intermediate Care Facility for Persons with Intellectual Disability -- A facility that provides appropriate supervision, medical, and habilitation services for individuals with intellectual or developmental disabilities, or both, as defined in 42 C.F.R. §440.150.
3.44. Intervention -- Actions designed to assist the child in completing the objectives contained within his or her care plan.
3.45. Maternity and Parenting Facility -- Provision of supervision, room, board, and psychosocial or treatment care for young women who are pregnant or parenting.
3.46. Medication Error -- The failure to administer a drug in a manner as instructed or indicated in the Six Rights of Medication Administration as defined in subsection 3.81 of this rule.
3.47. Multidisciplinary Treatment Team -- A treatment team that includes the individuals listed in W. Va. Code §49-4-405(b) or 49-4-406(d)(2), as the case may be, who assess, plan, and implement a comprehensive, individualized service plan for the child.
3.48. Non-critical Incidents -- Events occurring to a child that need to be recorded and briefly investigated or reviewed by the organizations and tracked for risk management or quality improvement purposes. These incidents would not include behaviors for which there is a behavior support plan and data tracking mechanism in place.
3.49. Normalcy. -- A practice of allowing children and youth in out-of-home care to experience childhood and adolescence in ways similar to their peers who are not in child residential child care and treatment facilities.
3.50. Objective -- Desired measurable outcomes related to a goal stated in terms understandable to the child and his or her parent or guardian and agreed upon by the interdisciplinary team.
3.51. On-ground Educational Program -- An educational program conducted on the property of an organization.
3.52. Outdoor Therapeutic Educational Program -- Any entity that provides care, supervision and treatment for older children and transitioning youth and adults in an outdoor setting where routine and specially planned activities are provided in an outdoor milieu and designed to improve the child’s social, emotional, behavioral and educational functioning.
3.53. Parents or Guardian -- A person or persons with an ongoing, legally identified, and recognized responsibility for caring for a child.
3.54. Physical Escort -- Using a light grasp to escort a child to a desired location. If the child can easily remove or escape the grasp, it is not a physical restraint. If the child cannot easily remove or escape the grasp, it would be a physical restraint.
3.55. Placement -- any out of home living arrangement, or the ongoing care of a child in an adoptive or foster home, group facility, or other approved living setting.
3.56. Placement Agreement -- A written document signed by the child’s parent or guardian and a representative of the organization, that specifies the terms of the child’s placement.
3.57. Policy -- A statement of the principles that guide and govern the activities, procedures, and operations of a program.
3.58. Procedures -- The specific methods by which policies are implemented.
3.59. Professional Employees – Individuals who meet the criteria set forth by the licensing boards governing their specific scope of practice as found in Chapter 30 of the West Virginia Code.
3.60. Program -- A system of services provided to those persons who are clients of an organization.
3.61. Psychiatric Emergency -- An incident during which a child loses control and behaves in a manner that poses substantial likelihood of physical harm to himself or herself, or to others.
3.62. Psychiatric Residential Treatment Facility for Persons under 21 -- A free-standing program or physically distinct part of a psychiatric inpatient facility that provides intensive, coordinated, and medically supervised behavioral health services in a residential setting to children and adolescents that do not need acute care as defined in 42 C.F.R. §483.350 and §441.151.
3.63. Psychotropic Medication -- Any drug that affects brain activities associated with mental processes and behaviors.
3.64. Qualified Individual -- A trained professional or licensed clinician who is not an employee of the organization, and who is not connected to, or affiliated with, any placement setting in which children are placed by the organization, who conducts a 30-day assessment of the appropriateness of the qualified residential treatment program for children entering those programs.
3.65. Qualified Residential Treatment Program -- Provision of supervision, room, board, high-level psychosocial or habilitative treatment operated with a trauma-informed treatment model for children with serious emotional or behavioral disorders, or both, and disturbances who have:
3.65.1. Been unable to be maintained in their families with preventative services; and
3.65.2. Demonstrated an inability to function in foster homes or less restrictive forms of group residential child care due to significant lack of behavioral control; and
3.65.3. Been diagnosed with a significant autism spectrum disorder, reactive attachment disorder, serious intellectual disabilities, sexual offense behavior, sexually reactive disorder, youth who are violent with serious behavioral disorders, and youth with serious self-injurious behaviors that make him or her at a higher risk of out-of-state placements; and
3.65.4. Been assessed to need the structure and mental health expertise provided by the services in a qualified residential treatment program.
3.66. Reasonable and prudent parent standard. – The practical decision making of caregivers to allow children and youth in residential child care and treatment facilities to participate in health and developmentally appropriate activities.
3.67. Regulatory Body -- A governmental agency with the ongoing responsibility for the formal authorization and oversight of the operation of an organization.
3.68. Requirement -- The specific minimal condition or standard that shall be met by an organization as a condition of licensure or approval, or both, to operate.
3.69. Residential Child Care and Treatment Facility -- A residential program that provides room, board, supervision, and may provide behavioral health treatment to children or transitioning adults with behavioral, developmental, or psychiatric, or both, challenges.
3.70. Residential Crisis Support/Shelter Care -- A form of short-term residential care for children that temporarily provides food, shelter, clothing and other necessary crisis intervention and stabilization services for children experiencing emotional, familial, or behavioral crises.
3.71. Residential Living Unit -- Living quarters used by a particular group of children in care, consisting of separate units in a residential building, including a common room, dining or snack area, facilities for bathing, toileting and personal hygiene and bedrooms.
3.72. Residential Maternity and Parenting Facilities. -- Provision of supervision, room, board and psychosocial or habilitative treatment services to young women who are either pregnant or parenting, young men who are parenting, and their children.
3.73. Respite Care -- Alternative short-term care.
3.74. Restraints -- (1) Any physical restraint that is a mechanical or personal restriction that immobilizes or reduces the ability of an individual to move his or her arms, legs or head freely, not including devices, such as orthopedically prescribed devices, surgical dressings or bandages, protective helmets, or any other method that involves the physical holding of a child for the purpose of conducting routine physical examinations or tests or to protect the child from falling out of bed or to permit the child to participate in activities without the risk of physical harm to the child. This term does not include a physical escort; and (2) a drug or medication that is used as a restraint to control behavior or restrict the child’s freedom of movement that is not a standard treatment for the child’s medical or psychiatric condition.
3.75. Rules -- A set of requirements issued by the Secretary describing a standard or a set of standards of care to apply in the oversight of an organization.
3.76. Safety Committee/Officer -- An individual or group of individuals whose responsibility is to review service modalities or other organizational practices that limit freedom of choice or involve risk. The committee/officer shall review the organization’s facilities and buildings on a quarterly basis for safety, cleanliness, and proper maintenance.
3.77. Seclusion -- The involuntary confinement of a child alone in a room or area from which the child is physically prevented from leaving. The term does not include a time-out.
3.78. Secretary -- The Secretary of the Department of Health and Human Resources or his or her designee.
3.79. Self-disclosure Application and Consent Form – A signed declaration of criminal convictions, indictments, and authorization to allow a criminal history background check.
3.80. Service -- A functional division of a program or the delivery of care.
3.81. Six Rights of Medication Administration – A best-practice criteria for medication administration recognized by the West Virginia Board of Examiners for Registered Professional Nurses. These criteria are used to assure that each resident receives the specific medication prescribed for the person, in the ordered amount, at the scheduled time, by the designated route- both as prescribed and prepared, that is accurately recorded in the resident’ record: (1) the right resident; (2) the right drug; (3) the right dosage; (4) the right time; (5) the right route; and (6) the right record or documentation.
3.82. Standards -- A measure of comparison for qualitative value.
3.83. Therapeutic Residential School -- A long-term residential, educational facility providing post-secondary education preparation, room, board, and supervision while providing a structured environment and therapeutic support to older children and transitioning adults who may need emotional, behavioral, familial, social, intellectual, or academic development.
3.84. Time-Out -- A behavior management technique that is part of an approved treatment program and may involve the separation of the child from the group, in a non-locked setting, for the purpose of a short time away from other people or attention. Time-out is not seclusion and is not physically enforced or coerced in any way.
3.85. Transitioning Adult -- An individual with a transfer plan to move to an adult setting who meets one of the following conditions:
3.85.1. Is 18 years of age but under 21 years of age, was in departmental custody upon reaching 18 years of age, remains under the jurisdiction of the juvenile court, or requires supervision and care to complete an education and or treatment program;
3.85.2. Is 18 years of age but under 21 years of age, was adjudicated abused, neglected, or in departmental custody upon reaching 18 years of age and enters into a contract with the Department to continue in an educational, training, or treatment program.
3.86. Transitioning Youth – A youth, aged 16 or 17, in the Department’s custody and engaged in a program to enhance skills to assist the transition into adulthood.
3.87. Trauma-Informed Organizational Structure -- Understanding, recognizing, and responding to the effects of all types of trauma as evidenced by:
3.87.1. Sufficient workforce development in understanding trauma and staff support in sustaining trauma-informed treatment;
3.87.2. Residents and their families are part of care planning and decision-making;
3.87.3. Use of data as a driving forced with quality improvement; and
3.87.4. Systemic reviews are conducted within the organization.
3.88. Treatment -- A broad range of planned habilitative or rehabilitative services, including diagnostic evaluation, counseling, medical, psychiatric, psychological, training, and social service care, that are provided to enable a child to meet identified goals and objectives. This definition does not supersede definitions related to funding streams.
3.89. Universal Precautions -- A collection of medically related behaviors, procedures, and protocols designed to minimize the risk of disease transmission and contamination.
3.90. Variance -- A written declaration by the Secretary that a certain requirement of this rule may be satisfied in a manner different from the manner set forth in the rule.
3.91. Volunteer -- A person who provides services without direct financial remuneration, and who meets the organization’s employment qualifications for health, safety, and training.
3.92. Vulnerable and transitioning youth group homes and programs -- Residential child-care facilities providing vulnerable and transitioning youth group homes and programs without behavioral health treatment.
3.93. Vulnerable Child -- A vulnerable child is a young person under the age of 21 who has been, or is at risk of becoming, a victim of sex trafficking, as indicated by one or more of the following risk factors:
3.93.1. Runaway behaviors;
3.93.2. History of abuse or neglect;
3.93.3. History of homelessness;
3.93.4. Identify as lesbian, gay, bi-sexual, trans-sexual, or question their sexuality (LGBTQ);
3.93.5. No meaningful connections to family or community;
3.93.6. Experienced significant trauma;
3.93.7. Indiscriminate or unsafe sexual activities; or
3.93.8. History of involvement with the juvenile justice or child welfare systems.
3.94. Waiver -- A written declaration by the Secretary that a certain requirement may be treated as inapplicable in a particular circumstance.
W. Va. Code R. § 78-3-4 State Administrative Procedures
4.1. General Licensure Provisions.
4.1.1. Before establishing, operating, maintaining, or advertising a residential child care and treatment program within the State of West Virginia, an organization shall first obtain from the Secretary a license authorizing the operation.
4.1.2. A license is valid for the organization named in the application and is not transferable.
4.1.3. The organization shall surrender an invalid license to the Secretary on written demand.
4.1.4. Applications for licenses or approvals are made on forms prescribed by the Secretary.
4.1.5. The organization shall apply for a new license when the ownership of an organization changes. The new owner may not operate until a license is issued.
4.1.6. An organization shall demonstrate a need for the proposed service by obtaining a current certificate of need from the Health Care Authority.
4.1.7. The Secretary shall make a decision on each application within 60 days of its receipt and shall provide to unsuccessful applicants written reasons for the decision.
4.1.8. The Secretary shall perform an on-site inspection prior to issuing initial, renewal or provisional licenses.
4.2. License Application.
4.2.1. The organization shall submit an application for a license or certificate of approval for:
4.2.1.a. Establishment of a new facility;
4.2.1.b. A change in location;
4.2.1.c. A change in ownership;
4.2.1.d. A change in the population served, including but not limited to gender, age, and capacity;
4.2.1.e. Upon expiration of existing license; or
4.2.1.f. A significant change in services provided.
4.2.2. The organization shall submit the completed application at least 60 days in advance of the planned opening date, change of location, change of ownership, change in program or expiration of existing license.
4.2.3. The organization shall provide all required information, or the application is invalid.
4.2.4. The application shall be accompanied by supporting documentation.
4.2.5. A member of the governing body and the administrator shall sign the application. In appropriate instances, this may be the same person.
4.2.6. The application shall be accompanied by a current fire inspection report by the State Fire Marshal’s Office and a current food service and environmental inspection by the local health department.
4.2.7. The governing body or its designated authority shall ensure adequate resources to support the organization’s services. If a new organization or an expansion of an existing organization, the governing body shall demonstrate sufficient operating funds for at least six months. The demonstration may include reserves, lines of credit or history of adequate cash flow from an existing program to support a new program for six months.
4.2.8. Existing organizations shall demonstrate financial stability. The organization shall submit a statement from an independent certified public accountant that proper accounting procedures, including an annual audit from a CPA, are in place for the organization.
4.3. Types of Licenses.
4.3.1. Following application review, on-site inspection and approved corrective action, if necessary, and if there is compliance with the requirements of this rule, the Secretary shall issue a license in one of three categories. A license may be amended at any time during the cycle to reflect changes in the program, structure, or population.
4.3.2. The Secretary shall issue an initial license to organizations establishing a new service found to be in compliance with regard to policy, procedure, organization, record keeping and service environment rules. The initial license shall expire not more than 6 months from date of issuance and may not be re-issued pursuant to W. Va. Code §49-2-115.
4.3.3. The Secretary shall issue a provisional license to an organization seeking to renew a previously issued license that is not in substantial compliance with this rule. The non-compliant organization must not, however, pose a significant risk to the rights, well-being, health, and safety of a child.
4.3.4. The Secretary shall issue a regular license to organizations complying with this rule. A regular license may be issued of any duration up to two years at the discretion of the Secretary pursuant to W. Va. Code §49-2-115.
4.4. Construction and Renovation.
4.4.1. Before construction or extensive renovation of children’s living areas begins, an organization shall submit to the Secretary for approval a copy of the site drawings and specifications for the architectural structure and mechanical work.
4.4.2. All extensively renovated and new structures shall comply with current standards of the Americans with Disabilities Act.
4.4.3. The Secretary may provide consultation and technical assistance in obtaining compliance with this rule.
4.5. Inspections.
4.5.1. An organization shall permit the Secretary unrestricted access to the facility to conduct announced and unannounced inspections of all aspects of its operation and premises.
4.5.2. An organization shall permit review of the organization’s case records, corporate and financial records, board minutes and employment records as requested by the Secretary.
4.5.3. An organization shall permit access to employees, members of the governing board and children receiving services from the organization as requested by the Secretary.
4.5.4. If an organization is accredited by an accreditation body, it shall supply copies of all relevant accreditation reports to the regulatory body within 10 days of receipt.
4.5.5. The Secretary shall inspect a licensed organization 30 to 90 days prior to the expiration of its license.
4.5.6. The Secretary shall deliver a written report to the organization within 10 working days of completion of an inspection.
4.6. Complaint Investigation.
4.6.1. Any person may file a complaint with the Secretary alleging violation of applicable laws or rules by an organization. A complaint shall state the nature of the complaint and the organization by name.
4.6.2. The Secretary may conduct unannounced inspections of organizations involved in a complaint and any other investigations necessary to determine the validity of a complaint.
4.6.3. At the time of the investigation, the investigator shall notify the administrative officer of the alleged reason for the complaint.
4.6.4. The Secretary shall provide to the organization a written report of the results of the investigation along with any violations.
4.6.5. The Secretary may provide to the complainant a description of the corrective action the organization is required to take and of any disciplinary action the Secretary may take.
4.6.6. The Secretary shall keep the names of a complainant and of any child involved in the complaint or investigation and any information that could reasonably lead to their identification confidential.
4.6.7. If a complaint becomes the subject of a judicial proceeding, nothing in this rule prohibits the disclosure of information that would otherwise be disclosed in judicial proceedings.
4.6.8. The organization shall not discharge or discriminate in any way against a child or guardian, or employee who has been a complainant, on whose behalf a complaint has been submitted, or who has participated in an investigation process.
4.7. Reports and Records.
4.7.1. The Secretary shall keep on file a report of any inspection or investigation.
4.7.2. The report shall specify the areas of non-compliance with the rule it violates, and describe the precise data, observation, or interview to support the deficiency.
4.7.3. Information in reports or records is available to the public except:
4.7.3.a. As specified in this section regarding complaint investigations;
4.7.3.b. Information of a personal nature from a child or employee’s file; and
4.7.3.c. Information required to be kept confidential by state or federal law.
4.7.4. The Secretary shall not make a report public until the organization has the opportunity to review the report and submit a Corrective Action Plan, if necessary.
4.8. Corrective Action Plans.
4.8.1. Within 10 working days after receipt of the licensing report, the organization shall submit to the Secretary for approval a written plan to correct all areas of non-compliance that are in violation of this rule. The plan shall specify:
4.8.1.a. Any action taken or procedures proposed to correct the areas of non-compliance and prevent their reoccurrence;
4.8.1.b. The date or projected date of completion of each action taken or to be taken; and
4.8.1.c. The signature of the administrator or his or her designee.
4.8.2. The Secretary shall approve, modify, or reject the proposed corrective action plan in writing. The organization may make modifications in conjunction with the Secretary.
4.8.3. The Secretary shall state the reasons for rejection or modification of any corrective action plan.
4.8.4. The organization shall submit a revised corrective action plan within 10 working days whenever the Secretary rejects a Corrective Action Plan.
4.8.5. The organization shall immediately correct an area of non-compliance that risks the health or safety of child or other persons.
4.8.6. The Secretary shall determine if corrections have been made.
4.9. Waivers and Variances.
4.9.1. An organization shall comply with all relevant requirements unless a waiver or variance for a specific requirement has been granted through a prior written agreement. This agreement shall specify the specific requirement to be waived, the duration of the waiver, and the terms under which the waiver is granted.
4.9.2. Waiver of specific requirements shall be granted only when the organization has documented and demonstrated that it complies with the intent of the particular requirement in a manner not permitted by this rule.
4.9.3. The waiver shall contain provisions for a regular review of the waiver.
4.9.4. When an organization fails to comply with the waiver agreement, the agreement is subject to immediate cancellation. The secretary shall determine compliance with the waiver agreement.
4.10. Penalties.
4.10.1. The Secretary may deny the organization’s application for licensure or licensure renewal; revoke or modify a license; or prohibit admissions or reduce child census for one or more of the following reasons:
4.10.1.a. The Secretary makes a determination that fraud or other illegal action has been committed;
4.10.1.b. The organization violates federal, state, or local law relating to building, health, fire protection, safety, sanitation, or zoning, or payment of worker’s compensation or employment security taxes.
4.10.1.c. The organization conducts practices that jeopardize the health, safety, well-being, or clinical treatment of a child;
4.10.1.d. The organization fails or refuses to submit reports or make records available as requested by the Secretary; or
4.10.1.e. The organization refuses to provide access to its location or records as requested by the Secretary.
4.10.2. Where a violation of this rule may result in serious harm to children under care, the Secretary may seek injunctive relief against any person, corporation, child welfare organization or government official through proceedings instituted by the attorney general, or the appropriate county prosecuting attorney, in the circuit court of Kanawha County, or in the circuit court of any county where the children are residing or may be found.
4.10.3. Where the operation of a residential child care and treatment facility constitutes an immediate danger of serious harm to children served by the facility, the Secretary shall issue an order of closure terminating operation of the facility. A facility closed by the Secretary may not operate pending administrative or judicial review without court order.
4.11. Administrative and Judicial Review.
Any person, corporation, governmental official or child welfare organization, aggrieved by a decision of the Secretary made pursuant to this rule may contest the decision upon making a request for a hearing by the Secretary within 30 days of receipt of notice of the decision. Administrative and judicial review shall be made in accordance with the provisions of W. Va. Code §29a-5-1, et seq. Any decision issued by the Secretary may be made effective from the date of issuance. Immediate relief there may be obtained upon a showing of good cause made by a verified petition to the circuit court of Kanawha County or the circuit court of any county where the affected organization of child welfare organization may be located. The pendency of administrative or judicial review shall not prevent the Secretary from obtaining injunctive relief as provided for in 4.10.b. of this rule.
W. Va. Code R. § 78-3-5 Ethical Practice, Rights and Responsibilities
5.1. Rights and Responsibilities.
5.1.1. The organization shall inform all children and their family or guardians, or both, of their rights and responsibilities. Information on rights and responsibilities shall be tailored for each of the organization’s services as appropriate and shall reflect the consequences of areas of non-compliance with programmatic rules, as well as limitation on individual rights occasioned by involuntary placement or court orders.
5.1.2. All persons served or their guardians as appropriate shall receive information about their rights and responsibilities that is:
5.1.2.a. Posted in a public area as appropriate;
5.1.2.b. Provided in writing;
5.1.2.c. Distributed during their initial contact with the organization or upon admission; and
5.1.2.d. Effectively and appropriately communicated to persons with special needs and in an age-appropriate manner.
5.1.3. Each child’s record shall contain documentation that the individual received an explanation of his or her rights and responsibilities, initialed by the child or parent or guardian, or both.
5.1.4. Written rights shall include, but are not limited to:
5.1.4.a. Rules and behavioral expectations;
5.1.4.b. Factors that could result in discharge and termination unless clinically contra-indicated;
5.1.4.c. Basic information about how to file complaints, grievances or appeals; and
5.1.4.d. Rights of persons in residential child care and treatment facilities as specified in subsection 5.4. of this rule.
5.1.5. The organization’s policy and procedures shall ensure that:
5.1.5.a. The parent or guardian may refuse any service, treatment or medication unless mandated by law or court order; and
5.1.5.b. If the parent or guardian or transitioning youth or transitioning adult refuses a recommended service, treatment, or medication the organization informs the person of the consequences of the refusal, which may include termination or discharge.
5.2. Access and Eligibility.
5.2.1. The organization shall define its service population and the eligibility criteria for each of its services.
5.2.2. Organizational policy shall state that the organization does not discriminate by race, color, age, national origin or disability unless it is part of an individualized determination that the facts and circumstances of a particular case require the consideration of race, color, age, national origin or disability in order to advance the best interests of the child.
5.2.3. The organization shall have in place a policy detailing admissions procedure for each service and the procedures shall:
5.2.3.a. Minimize barriers to timely initiation of services;
5.2.3.b. Provide for initial screening or placement on a waiting list;
5.2.3.c. Allow the organization to give priority to children and families with urgent needs or in emergency situations as appropriate; and
5.2.3.d. Ensure that all persons are treated equitably.
5.3. Culturally Competent Practice.
5.3.1. The organization’s policies, procedures and practices shall recognize, respect, and respond to the unique, culturally defined needs of persons and families within its service population.
5.4. Rights of Persons in Residential Child Care and Treatment Facilities.
5.4.1. A child or transitioning adult receiving services from the organization shall have basic rights including, but not limited to:
5.4.1.a. Adequate food, clothing, and shelter;
5.4.1.b. Adult guidance, support, and supervision;
5.4.1.c. Freedom from abuse, neglect, corporal punishment, and exploitation;
5.4.1.d. Education;
5.4.1.e. Services necessary to promote safety, permanency, and well-being;
5.4.1.f. Clean and safe surroundings;
5.4.1.g. Adequate medical care;
5.4.1.h. Visitation with family and significant others as specified in the plan of care or the child’s case plan, or both, unless clinically contra-indicated or otherwise described in policy;
5.4.1.i. Communication with family and significant others by telephone, e-mail, texting, or other means of communication as specified in the plan of care or the child’s case plan, or both, and under conditions described in policy;
5.4.1.j. Uncensored mail, unless there is reason to suspect it may contain unauthorized, dangerous, or illegal substances or materials or is clinically contra-indicated, or unless consent has been given by parent or guardian to inspect mail;
5.4.1.k. Freedom of thought, conscience, and religion;
5.4.1.l. Reasonable access to a legal representative, clergy, or spiritual advisor and representative of the placing organization, if applicable;
5.4.1.m. Reasonable access to personal funds, if managed by the organization, unless clinically contra-indicated;
5.4.1.n. Privacy, as reasonable for the child’s age and functioning, unless clinically contra-indicated; and,
5.4.1.o. Participation in decisions regarding the services provided, unless clinically contra-indicated.
5.5. Confidentiality and Privacy Protections.
5.5.1. The organization shall conform to all federal and state requirements with regards to the confidentiality of children and families served (42 C.F.R. Part 2, Public Law 104-191, Health Insurance Portability and Accountability Act of 1996, as amended, and W. Va. Code §49-5-101, as amended).
5.5.2. The organization shall have clearly stated procedures regarding the disclosure of information about children served. The policies shall be in compliance with all applicable state and federal laws and rules and regulations and shall include procedures for instances in which the child may be dangerous to himself, herself, or others.
5.5.3. The organization shall assure that any needed release of information is completed in full prior to obtaining the guardian’s signature, for each instance where information is needed. A copy of all releases of information shall be placed in the case record.
5.5.4. The organization shall have a written policy or procedure regarding searches of children rooms or property that shall be respectful of privacy rights. The organization shall document any search stating the reason for the search and the outcome of the search.
5.5.5. The organization shall require employees to make every effort to preserve the child’s right to privacy and personal dignity according to the age and functioning of the child;
5.5.6. The organization shall not use surveillance cameras or listening devices for routine observation of children in their bedrooms or restrooms unless required by judicial order or contract;
5.5.7. The organization shall provide a secure area or locker for a child’s possessions if requested by the child; and
5.5.8. The organization shall prohibit:
5.5.8.a. Involuntary participation in public performances by children served by the organization.
5.5.8.b. Required or coerced use of public statements by persons served that express gratitude to the organization; and
5.5.8.c. Use of photographs, videotapes, audio-taped interviews, artwork or creative writing for the organization’s marketing or fund-raising purposes without the informed written consent of the parent or guardian or the child if he or she has reached majority or has been adjudicated an emancipated adult.
5.6. Access to Case Records and Information Management.
5.6.1. Every child, his or her attorney and the child’s parents or guardian shall have access to the child’s case records to the extent permitted by state and federal law.
5.6.2. The organization may require that sensitive psychological, psychiatric, or other information be reviewed with the support of clinical employees. The organization shall document the reason for the requirement.
5.6.3. The organization shall have policy and procedures that protect electronically maintained data in compliance with federal standards.
5.7. Research Protections.
5.7.1. The organization shall have written policies regarding the participation of children and transitioning adults in research projects.
5.7.2. Organizational policy shall clearly state whether the organization conducts, participates in, or permits research involving persons served.
5.7.3. If an organization does research, it shall have a human subjects committee or an internal review board that reports to the administrator or a designated authority with policymaking functions; and
5.7.3.a. Reviews research proposals that involve persons served;
5.7.3.b. Makes recommendations regarding the ethics of proposed or existing research;
5.7.3.c. Makes recommendations as to whether or not to approve research proposals; and
5.7.3.d. Establishes a minimum frequency for monitoring of ongoing research activities.
5.7.4. Participation in research by children or their families is voluntary. The organization may not threaten to withdraw services or otherwise coerce persons or their guardians into participating and shall prohibit the use of financial incentives for recruiting research participants.
5.7.5. Each research participant or when appropriate his or her parent or guardian shall sign a consent form that includes:
5.7.5.a. A statement that he or she voluntarily agrees to participate in the research project;
5.7.5.b. A statement that the organization will continue to provide services regardless of whether he or she agrees to participate in the research project;
5.7.5.c. An explanation of the nature and purpose of the research project;
5.7.5.d. A clear description of possible risks or discomfort associated with the research project;
5.7.5.e. A guarantee of confidentiality; and,
5.7.5.f. The signature of the parent or guardian or emancipated child.
5.7.5.g. The organization shall safeguard the identity and privacy of persons served in all phases of research conducted by or with the cooperation of the organization.
5.8. Grievance Procedures.
Written policy and procedures shall provide every child and his or her parent or guardian with a formal mechanism for expressing and resolving complaints and grievances. These procedures shall be explained and distributed to each child and his or her parent or guardian. The recipient shall acknowledge receipt of the procedures in writing. The procedures shall:
5.8.1. Be given to all persons served and their parents or guardians upon intake into service, and thereafter upon request or at the initiation of a grievance;
5.8.2. Include an internal appeal procedure and options for external appeal that shall include the regulatory body or the Federal Office of Civil Rights, or both;
5.8.3. Provide for a timely resolution of the matter and require a written response to the aggrieved that includes documentation of the response in the case record or in a separate file, with reference to the separate file to be noted in case record; and in the administrative file; and
5.8.4. Indicate that grievances may be filed either orally or in writing and that all employees of the organization are responsible for assisting any person who wishes to file a grievance.
5.9. Ethical Conduct.
5.9.1. The organization shall develop and implement written standards of ethical conduct for its governing board and its employees.
5.9.2. The organization shall not misrepresent or operate a service or program in any way that is misleading, deceptive, or illegal.
5.9.3. The organization shall require its employees to know and comply with policies and procedures established by the organization.
5.9.4. When a child’s third-party benefits or payments end or when a child reaches his or her majority while in service, the organization shall have a procedure to discontinue services to the child and family in an orderly, ethical fashion.
W. Va. Code R. § 78-3-6 Continuous Quality Improvement
6.1. The organization shall describe in policy and procedure a well-defined process for assessing and improving its overall performance regarding safety, quality, and case review and compliance and shall identify standards that will promote quality outcomes for persons served.
6.1.1. The continuous quality improvement procedure shall be annually reviewed and updated by senior management and the governing body. Organizations may designate committees or individuals to carry out the continuous quality improvement process.
6.2. Safety.
6.2.1. The organization shall conduct a quarterly review of the use of service modalities or other organizational practices that involve risk or limit freedom of choice.
6.2.2. The organization shall conduct a documented, quarterly safety review of all facilities and buildings to ensure the safety, cleanliness, and appropriateness of each service environment. Outdoor facilities shall have a monitoring procedure that shall review at least quarterly all program environments and processes for safety and sanitation.
6.3. Case Review.
6.3.1. The organization shall conduct a quarterly case review consisting of at least 10 percent of all open cases and of cases closed that quarter, chosen using a generally accepted standardized sampling methodology. Records from all program or unit sites shall be sampled.
6.3.2. Employees who conduct case reviews shall evaluate quality and the presence or absence of required documents, and the clarity and continuity of the documents.
6.3.3. Written procedures for case review shall ensure that workers do not review cases in which they have been directly involved.
6.3.4. Based on the case record review, the reviewer shall prepare a document summarizing case record areas of non-compliance. The organization is responsible for documenting follow-up on areas of non-compliances.
6.3.5. The organization shall document efforts to remediate identified patterns of non- compliance through re-training or increased supervision efforts.
6.4. Quality.
6.4.1. The organization shall have a process that establishes standards and measures outcomes relative to those standards for each of its facilities on an ongoing basis.
6.4.2. The organization shall analyze outcome data at least annually as part of a self-assessment in order to determine program effectiveness. Results of findings shall be presented to the governing body.
6.4.3. The organization shall have a systematic, documented method of assessing child satisfaction.
6.5. Feedback Mechanisms.
6.5.1. The organization shall submit annual summary results of the safety, case review and quality evaluation processes to the governing body.
6.5.2. The organization shall annually provide the results of all reviews including annual financial audits, accreditation reviews and licensing reviews to the governing body.
6.5.3. The organization shall use the findings of its continuous quality improvement processes to:
6.5.3.a. Identify problems or service deficits;
6.5.3.b. Determine possible causes when data reveal issues of concern;
6.5.3.c. Problem solve and develop plans to correct areas of concern or deficit;
6.5.3.d. Implement and monitor the effectiveness of corrective plans; and
6.5.3.e. Modify the corrective plans, as necessary.
W. Va. Code R. § 78-3-7 Governing Body and Organization
7.1. The organization shall have a clearly identified group of people (or person or partnership when applicable) that exercises authority over and has responsibility for its operation, policies, and practices.
7.2. An employee or member of the immediate family of an employee of any public organization that regulates or purchases or arranges the services of a privately run organization may not be a member of the governing body of the organization.
7.3. All members of the governing body shall be provided:
7.3.1. A formal orientation to the organization and responsibilities of membership of the governing body, which shall be documented;
7.3.2. Written information that specifies the member’s fiduciary and other responsibilities of the organization;
7.3.3. Annual reports of the activities of the organization; and
7.3.4. Reports from all regulatory bodies.
7.4. The Governing Body shall:
7.4.1. Identify in writing the mission of the organization and develop a plan to meet that mission;
7.4.2. Ensure that all planned or provided services are consistent with the organization’s mission and plan;
7.4.3. Oversee the organization’s operations and services;
7.4.4. Determine whether services are within the organization’s capabilities and resources;
7.4.5. Adopt administrative, employees, and program policies that are reviewed at least every two years;
7.4.6. Review and approve a budget prior to the beginning of the fiscal year;
7.4.7. Annually review and formally accept the financial audit;
7.4.8. Employ an administrator and delegate authority to that person to employ and dismiss employees, implement board policies, and manage day-to-day operation of the organization;
7.4.9. Permit the administrator or his or her designee to attend all meetings of the governing body and committee, with the exception of those held for the purpose of reviewing the performance, status, or compensation of the administrator.
7.4.10. Initiate a continuous quality improvement program and direct needed changes based on the results;
7.4.11. Annually review facility needs related to risk management;
7.4.12. Maintain a long-range plan and review it annually;
7.4.13. Maintain minutes and records generated from all meetings, including members who were present or absent;
7.4.14. Annually visit each organizational site;
7.4.15. Annually review facility needs related to capital improvements; and
7.4.16. Meet at least twice annually.
7.7. Administrator.
7.7.1. The administrator shall be responsible for the organization’s daily operations.
7.7.2. The administrator shall perform the duties as prescribed by the governing body.
7.8. Conflicts of Interest.
7.8.1. The organization shall have a policy that defines and limits conflicts of interest.
7.8.2. All persons employed by or volunteering for the organization, the governing body, and consultants shall follow the policy.
7.9. Administrative File for the Organization.
7.9.1. An organization shall maintain an administrative file and make it available upon request of the appropriate governmental organization. It shall contain the following information and documents:
7.9.1.a. The governing structure including the charter and articles of incorporation as appropriate;
7.9.1.b. The most recent audit and financial statement;
7.9.1.c. The by-laws or other legal basis for its existence;
7.9.1.d. The name and position of persons authorized to sign agreements and submit official documentation to the appropriate government organization;
7.9.1.e. The governing body structure and its composition with names and addresses and terms of membership as appropriate;
7.9.1.f. Existing purchase of service agreements;
7.9.1.g. Insurance coverage (all types) including bonding documents if appropriate; and
7.9.1.h. A master list of all clinical and social service professionals used by the organization, either as employees or contractors.
W. Va. Code R. § 78-3-8 Risk Management
8.1. The organization shall purchase appropriate types of insurance.
8.2. Legal Compliance.
The organization shall comply with all applicable federal, state, and local laws, rules and regulations associated with all aspects of service delivery and operations and shall possess all relevant and appropriate licenses.
8.3. Security of Information.
8.3.1. The organization shall have policies and procedures regulating access to, storage of, and retention of records of employees and persons served that are in compliance with all state requirements. Regulatory agencies shall be allowed access to all information as necessary to fulfill their statutory duties.
8.3.2. The organization shall ensure that records can be located at any time.
8.3.3. The organization shall have procedures to protect service and organizational records, from destruction by fire, water, loss, or other damage and from other unauthorized access.
8.3.4. Written operational procedures shall govern the retention, maintenance, and destruction of records of former service recipients.
8.3.5. The organization shall retain children’s records for a minimum of five years following the child’s 18th birthday.
8.3.6. The organization shall have a policy regarding disposal of records that respects confidentiality and security of child information.
8.3.7. The format of electronically transmitted data shall comply with all applicable legal standards and requirements.
8.4. Contractual Relationships.
8.4.1. The organization shall use written contracts with contractors of non-clinical services and professional contractors of clinical services.
8.4.2. If the organization arranges contractually for the provision of clinical services, the organization shall have a written agreement that specifies:
8.4.2.a. Services to be provided;
8.4.2.b. Provision of appropriate liability or malpractice insurance either by the contractor or contracting party;
8.4.2.c. Procedures for exchange of information;
8.4.2.d. Definition of the clients to be served and the services to be provided;
8.4.2.e. Timelines for provision of service;
8.4.2.f. Terms of payment;
8.4.2.g. Assurances that the contracting party shall adhere to state and federal requirements of confidentiality; and
8.4.2.h. Expected outcomes as appropriate.
8.4.3. The organization shall ensure all contracted professional services are certified or licensed in the service they are providing and evidence of a criminal history fingerprint-based background check.
8.4.4. If the organization contracts for professional services with a licensed practitioner who serves children in his or her own location, the organization shall ensure the professional is licensed in the service they are providing.
8.4.5. The organization shall ensure that contractual vendors are oriented to and adhere to the organization’s policies and procedures regarding professional practices and confidentiality.
W. Va. Code R. § 78-3-9 Financial Management System
9.1. The organization shall have a written budget, approved by the governing body, that shall serve as a plan for managing its financial resources for the fiscal year.
9.2. The organization shall have established financial management policies and procedures that follow generally accepted accounting principles (GAAP).
9.3. The organization shall have annual financial statements prepared in accordance with generally accepted accounting principles (GAAP).
9.4. Financial Accountability.
9.4.1. The organization shall make available an annual report of fiscal, statistical, and service data that includes summary information regarding its financial position.
9.4.2. The organization shall ensure that an administratively independent auditor conducts an annual audit.
9.4.3. An organization that assumes fiduciary responsibility for client funds or disburses other child funds, such as maintenance or allowance funds, shall have written operational procedures that ensure:
9.4.3.a. Separate individual accounting of funds with monthly statements to the child and his or her parent or guardian. Funds managed on behalf of clients shall not be commingled with organizational funds;
9.4.3.b. Protection of child assets, including a bond sufficient to cover all child accounts, unless the aggregate value of the child accounts is less than $500; and
9.4.3.c. Compliance with applicable legislative, judicial, and governmental requirements, including those applying to payment of benefits allotted by the state or federal government.
W. Va. Code R. § 78-3-10 Management of Human Resources
10.1. Deployment of Employees.
10.1.1. The organization shall retain sufficient numbers of qualified individuals to:
10.1.1.a. Efficiently and effectively meet the demand for all services it provides; and
10.1.1.b. Provide and coordinate the services that are within the organization’s scope and mission.
10.1.2. The organization shall ensure that sufficient, licensed, or certified professional clinical employees are employed or available on a consistent basis to provide, at a minimum, that:
10.1.2.a. All intakes and diagnostic assessments are completed by suitably trained and experienced professional employees;
10.1.2.b. Professional employees are available and mandated to provide direct supervision and consultation to direct care employees, professional interns, and paraprofessionals at a ratio appropriate to the number of employees or interns supervised and the demands of the population served;
10.1.2.c. Professional employees or employees under supervision for licensure or certification according to state law is available and mandated to provide direct service to children and transitioning adults for those organizations providing therapy services (individual, group and family) or medical services, or both; and
10.1.2.d. Employees are available in sufficient quantity and with sufficient credentials to address the needs of the child as identified by the assessment and interdisciplinary team process.
10.1.3. The organization shall identify an individual at each program site responsible for overall administration of the program at that site.
10.2. Personnel Practices.
10.2.1. The organization shall have policies that comply with all federal and state statutes, rules, and regulations regarding employment practices.
10.2.2. The minimum age of any person serving as an employee for organizations serving children aged 13 and older shall be 20 years of age.
10.2.3. If the age of the population served at an organization is uniformly 12 years and under, the minimum age of the employees serving the population shall be 18 years.
10.2.4. If the program serves transitioning adults up to age 21, the ages of the employees providing direct care shall be at least three years older than the age of the eldest child.
10.2.5. The organization shall submit a request for a criminal history background check and a protective services records check to the WV CARES unit of the Department for each potential employee or independent contractor prior to permitting that employee or independent contractor to work with children.
10.2.6. The organization will obtain a WV CARES self-disclosure application and consent form signed by the potential employee or independent contractor indicating any past criminal conviction or pending charges.
10.2.7. Documentation of the completed criminal history background check shall be maintained with the personnel file of the applicant. Documentation shall include a fitness determination of eligibility from the WV CARES unit and a variance or waiver that has been granted by the Secretary if the applicant has convictions of disqualifying offenses or pending charges.
10.2.8. The organization must demonstrate compliance will all provisions of the WV CARES Act and its Legislative rule, 69CSR10. The organization may not allow employees or independent contractor to work in a group residential child care and treatment facility prior to receiving the results of the check.
10.2.9. Organizational policy shall prohibit the engagement of any employee, volunteer, or independent contractor who has a history of substantiated adult or child abuse or neglect.
10.2.10. Organizational policy shall prohibit engagement or retention of either employees, contractors, or volunteers who have a history of convictions for, or are on parole or probation for, a WV CARES disqualifying offense.
10.2.11. The organization shall have a policy and mandatory training process for all employees for compliance with mandatory reporting requirements regarding allegations of abuse or neglect of children as described in W. Va. Code §49-2-801.
10.2.12. The organization shall have a written job description and selection criteria for each position or group of similar positions that includes the qualifications, expectations and responsibilities required of employees. Job descriptions shall be readily available to employees.
10.2.13. The organization shall designate a supervisor for each separate service or program.
10.2.14. The organization shall employ persons who are qualified according to the job description and selection criteria for the positions they occupy. An organization employing any person who does not possess the usual qualifications for the position in which he or she is employed shall have a written statement justifying reasons for employing this person.
10.2.15. The organization shall verify the credentials of all organization employees and individuals, who are contract employees of the organization, including:
10.2.15.a. Education and training;
10.2.15.b. Relevant experience; and
10.2.15.c. State licensing or certification requirements for their respective disciplines, if any.
10.2.16. If the job description allows less than full licensure for individuals eligible for professional licensure or certification, the organization shall demonstrate that:
10.2.16.a. A person with requisite credentials provides appropriate supervision to the employees; and
10.2.16.b. The employees are actively working toward licensure or certification, or both.
10.2.16.c. This requirement shall not be construed to apply to individuals performing job duties that would not normally require licensure or certification.
10.3. Volunteers.
10.3.1. The organization shall have a policy that specifies the roles and responsibilities that volunteers may assume.
10.3.2. The organization shall ensure that volunteers receive regular supervision to provide assistance, directions for activity and support.
10.3.3. Any documentation provided by volunteers to be placed in a clinical record shall include the date and signature of the volunteer’s on-site supervisor prior to being placed in the record.
10.3.4. The organization shall ensure that volunteers understand the responsibilities of the position and the time commitments required prior to formal assignment.
10.3.5. The organization shall formally train volunteers in confidentiality prior to beginning their duties and shall maintain documentation of the training.
10.3.6. The organization shall have a policy requiring volunteer screening that shall include the same criminal history and protective services background checks as required for employees and independent contractors.
10.3.7. The organization shall not use any volunteer who would not pass the criminal history and protective services background checks or security requirements as an employee or independent contractor.
10.4. Students and Student Interns or Residents.
10.4.1. Students covered by this rule are those individuals serving an academic placement of more than 30 hours on site per three-month quarter. Students serving less than 30 hours per quarter shall be continually supervised by another employee and may not work alone with children.
10.4.2. The organization shall have a policy that specifies the roles and responsibilities that students may assume.
10.4.3. The organization shall ensure that students receive regular documented supervision to provide assistance, directions for activity and support.
10.4.4. Any documentation provided by students to be placed in a clinical record shall include the date and signature of the student’s on-site supervisor prior to being placed in the record.
10.4.5. The organization shall formally train students in confidentiality prior to beginning their duties and shall maintain documentation of the training.
10.5. Employee, Volunteer, and Student Records.
10.5.1. The organization shall maintain personnel records for all employees, students, and volunteers. These records shall be reviewed annually and updated as necessary, and contain, as appropriate:
10.5.1.a. Identifying information and emergency contacts;
10.5.1.b. An application for employment, volunteer, or student service;
10.5.1.c. A job description or contract;
10.5.1.d. Reference verification;
10.5.1.e. Documentation of education and licensure or certification;
10.5.1.f. Documentation of relevant training as appropriate;
10.5.1.g. Documentation of employee orientation including training in confidentiality;
10.5.1.h. Documentation of criminal history and protective services background checks; and
10.5.1.i. Performance evaluations (except students and volunteers) and documentation relating to performance, including disciplinary actions and termination summaries, as appropriate.
10.5.2. Each organization shall have a record, stored separately, containing medical information on each employee, volunteer, or student. The medical records shall include:
10.5.2.a. An initial tuberculosis screening before assumption of duties and a screening every five years thereafter; and
10.5.2.b. Results of random drug screens if required by organization policy.
10.5.3. The files shall be secured in a confidential manner with limited access.
W. Va. Code R. § 78-3-11 Training and Supervision of Employees
11.1. Orientation of New Employees.
11.1.1. The organization shall ensure that each new employee, volunteer, and student receive an orientation within the first 10 business days of employment and shall document that orientation in the individual’s personnel record.
11.1.2. The organization shall orient all new employees on the following:
11.1.2.a. An organizational chart that delineates lines of accountability and authority at all levels of the organization;
11.1.2.b. The objectives and process of the organization’s continuous quality improvement program;
11.1.2.c. The organization’s policies and procedures on confidentiality and disclosure of information on persons served, including penalties for violation of these policies and procedures and an orientation to federal confidentiality requirements as they apply to the organization;
11.1.2.d. The legal rights of persons served;
11.1.2.e. Mandatory reporting procedures for suspected abuse and neglect;
11.1.2.f. Appropriate identification and documentation of incidents;
11.1.2.g. The responsibility to abide by organizational and professional ethics;
11.1.2.h. Fire drills; and
11.1.2.i. Procedures regarding medical and psychiatric emergencies, including necessary notification of guardians and others.
11.2. Employee Training and Content.
11.2.1. The organization shall provide training to clinical and direct care employees in the following health related topics within 30 days of employment:
11.2.1.a. Basic medical needs and problems of the population served, including management of sick children and symptoms of common medical problems, such as allergy reactions, diabetes, and asthma;
11.2.1.b. Basic first aid (completed according to OSHA-approved pediatric first aid requirements and adult requirements as appropriate) and medication reactions (including desired and undesired effects). This training must be updated every three years;
11.2.1.c. Cardio-Pulmonary Resuscitation (CPR) Adult Training is required every two years and First Aid certification every three years, specific to population served (adult, child or infant);
11.2.1.d. Supervision of self-administration of medication as applicable including typical medications prescribed, appropriate dosages and schedules and common side effects. This training shall be updated annually;
11.2.1.e. Basic de-escalation techniques and passive restraints. This training must be updated annually;
11.2.1.f. The organization’s protocols for universal disease precautions and providing services to children with contagious and infectious diseases. This training must be updated annually;
11.2.1.g. The organization’s procedures regarding the duty to warn others of impending harm due to threats made by a resident of the organization’s program. The procedures shall include, at a minimum, the requirement that verbal communication of the treatment to the potential victim occur immediately;
11.2.1.h. Appropriate management of suicidal threats or behaviors;
11.2.1.i. The organization shall inform all employees in writing of its policy defining and prohibiting corporal and degrading punishment.
11.2.1.j. The organization shall train appropriate employees on procedures for maintaining a safe, hygienic, and sanitary environment. Procedures shall address:
11.2.1.j.1. Steps to retard the spread of infection in bathrooms, bedding, and food; and
11.2.1.j.2. Proper storage of cleaning supplies and hazardous materials.
11.2.2. Additionally, program employees with direct care responsibilities shall be trained within 90 days of employment on the following:
11.2.2.a. Sensitivity to differences in cultural norms and values as appropriate;
11.2.2.b. Management of children attempting to escape supervision or who are away from supervision;
11.2.2.c. Sensitivity to sexual identity including lesbian, gay, bisexual, transgender, and questioning youth;
11.2.2.d. Family dynamics, including human growth and development;
11.2.2.e. Proper documentation techniques; and
11.2.2.f. Basic therapeutic or behavior management techniques.
11.2.2.g. Children’s trauma stress experiences, to include:
11.2.2.g.1. Impact on development, behavior, and relationships;
11.2.2.g.2. Understanding the types of trauma;
11.2.2.g.3. Understanding the influence of cultural factors;
11.2.2.g.4. Recognizing how on-going stressors impact child traumatic stress;
11.2.2.g.5. Responding to crises with interventions; and
11.2.2.g.6. Strategies and interventions to promote resiliency and health.
11.2.2.h. Food handler’s certification as necessary and appropriate.
11.2.3. Employees shall be trained at the time of admission to serve any child with special needs such as dietary restrictions, use of an epinephrine auto-injector, rescue inhalers, diabetic monitoring mechanisms, etc.
11.2.4. The organization shall document all employee training provided to employees, including a survey by the employee that indicates that he or she feels adequately trained to do their job.
11.2.5. Until the training is completed, the employee may not work unless accompanied at all times by an employee who is experienced and knowledgeable in these areas.
11.3. Supervision.
11.3.1. The organization shall have a system of employee supervision that is tailored to the organization’s model of service delivery and uses individual or group, or both, supervision on a regularly scheduled basis.
11.3.2. The organization shall adjust supervisory assignments, frequency, and duration in response to the findings and recommendation of the continuous quality improvement processes.
W. Va. Code R. § 78-3-12 Service Environment
12.1. The organization shall meet all applicable federal, state, and local health, building, safety, and fire codes.
12.2. Food Services.
12.2.1. Food shall be stored, prepared, and served according to local health department regulations.
12.2.2. Use of paper or disposable plates, beverage containers, and utensils are to be limited and not used in day-to-day meal service. Outdoor therapeutic educational programs are exempt from this requirement when operating in the field.
12.3. Transportation.
12.3.1. An organization that provides transportation in its vehicles for children as part of a service shall have procedures for ensuring:
12.3.1.a. The use of age-appropriate passenger restraint systems;
12.3.1.b. Adequate passenger supervision relative to the ages, sexes, behavioral challenges, and disabilities of the children;
12.3.1.c. Proper and timely licensure and inspection of the vehicles;
12.3.1.d. First aid kits in each organizational vehicle;
12.3.1.e. Proper and timely maintenance of vehicles;
12.3.1.f. That the number of persons in any vehicle used to transport children shall not exceed the number of available safety restraint systems;
12.3.1.g. Sufficient liability insurance;
12.3.1.h. Adequate aisle space in vans transporting wheelchair-bound children;
12.3.1.i. Secure anchoring for wheelchairs except in automobiles; and
12.3.1.j. Annual validation of driver licenses.
12.3.2. An organization that permits the transportation of persons served in vehicles that belong to employees shall require:
12.3.2.a. Passenger insurance coverage either through the organization’s insurance or the driver’s automobile liability insurance;
12.3.2.b. Proof of insurance;
12.3.2.c. Age-appropriate passenger restraints for all passengers;
12.3.2.d. Annual validation of the driver’s license; and
12.3.2.e. Current registration and inspection validated annually.
12.4. Organization Safety and Security.
12.4.1. The organization shall have a schedule of regular inspection and maintenance activity to ensure the safety of its premises, equipment, and fixtures.
12.4.2. The organization shall have fire extinguishers reviewed by a qualified professional annually.
12.4.3. The organization shall not maintain any firearm or chemical weapon on the grounds or within the structures of the facility.
12.4.4. All power-driven equipment used by a facility shall be kept in safe and good repair. The equipment shall be used by children only under the supervision of an employee and according to state code. Lawn mowers shall be stored in areas separated with one-hour fire rated material.
12.4.5. The organization shall have a Safety Committee or designated safety and maintenance officer whose function is to perform regular documented inspections for identification of potentially hazardous conditions (e.g., harmful water temperatures, improper use of small appliances, stairs without handrails, etc.) and items in need of repair or maintenance. At no time shall those inspections be less than quarterly.
12.5. Emergency Response.
12.5.1. The organization shall have procedures in place for responding to accidents, serious illness, fire, medical emergencies, floods, natural disasters, and other life-threatening situations that:
12.5.1.a. Address the needs of any special population served by the organization;
12.5.1.b. Specify evacuation procedures including an evacuation site, parties to notify, and emergency items to take when evacuating;
12.5.1.c. Describe relocation plans for the service or program if it becomes necessary;
12.5.1.d. Specify appropriate responses to medical emergencies; and
12.5.1.e. Require notification of the child’s parent or guardian and other appropriate authorities at the earliest opportunity.
12.5.2. Residential facilities shall conduct monthly fire drills rotating all shifts at least once per quarter and shall meet legal requirements for fire drills as specified by the State Fire Marshal. Participation shall be mandatory for all employees and children. Organizations that do not operate by shifts (e.g., outdoor therapeutic educational programs) shall have monthly fire drills at various times of the day and night.
12.5.3. The organization shall have procedures for dealing with injuries, accidents, and illnesses. The organization shall ensure that a communication device and first aid supplies are readily available in all organization buildings.
12.5.4. The organization shall have procedures in place for dealing with:
12.5.4.a. Persons who are injured, lost or absent from care without permission; and
12.5.4.b. Persons who threaten violence or harm to themselves or employees providing care and/ or supervision.
12.5.5. The organization shall assign an employee to orient each newly arrived child to organization emergency procedures and the location of emergency exits as appropriate during the first full day of the child’s stay at the organization. The employee shall file a written confirmation in the child’s case record that the orientation has taken place.
12.5.6. The organization shall ensure that all employees have immediate access to current poison control information or procedures for referral for emergency medical attention.
12.6. Contagious and Infectious Diseases.
12.6.1. The organization shall have a procedure in place for minimizing the risk of exposure to airborne and blood-borne pathogens by implementing the use of Universal Safety Precautions. Procedures shall comply with related standards of the Centers for Disease Control and the Occupational Safety and Health Administration.
12.6.2. The organization shall develop policies and procedures to prevent and control the spread of HIV/AIDS, hepatitis, tuberculosis, and other contagious or infectious diseases and shall review and update those policies as necessary or every two years at a minimum.
12.6.3. The organization shall have policies that ensure that employees with direct contact with children:
12.6.3.a. Receive a tuberculosis risk assessment or test prior to assumption of duties and at least every five years thereafter, as well as after incidents of exposure or manifestation of symptoms of tuberculosis; and
12.6.3.b. Demonstrate completion of an approved treatment when test results are positive.
12.6.4. The organization that prepares food for children shall have policies and procedures to ensure clean and safe food preparation and prevent the exchange of communicable diseases. The procedures shall:
12.6.4.a. Require that food service employees do not prepare or serve food if they have symptoms of acute illness or an open, untreated wound;
12.6.4.b. Set forth minimum dishwashing and laundry water temperatures to kill bacteria; and
12.6.4.c. Conform with the requirements for food service as specified by the Department’s rule, “Food Establishments,” 64CSR17, including as appropriate, current food handler’s cards.
12.6.5. The organization shall immediately notify the health officer of the county in which it is located of any known or suspected cases of communicable diseases that are required by law to be reported.
12.7. Building Exteriors and Grounds.
12.7.1. An organization shall ensure that buildings, grounds, and recreational areas owned or leased by the organization are maintained in good repair and free from reasonable danger to health or safety.
12.7.2. Children and transitioning adults shall have access to outdoor recreational space and suitable recreational equipment that is in good repair and free from defects.
12.8. Interior Space.
12.8.1. Each living unit of an organization shall contain space for the free and informal use of children in care.
12.8.2. Dining areas shall be arranged so as to allow children, employees, and guests to eat together in small groups.
12.8.3. Dining areas shall be well-lighted, ventilated and appropriately furnished.
12.8.4. Except for outdoor therapeutic educational programs, there shall be a minimum of 60 square feet per occupant in bedrooms. Bedrooms for single occupants shall have a minimum of 70 square feet.
12.8.5. No more than four children may occupy a designated bedroom space.
12.8.6. The bedroom space shall have a direct source of natural light.
12.8.7. Except for outdoor therapeutic educational programs, each child shall have his or her own bed with sufficient linens and covers. Linen shall be changed at least weekly, but more frequently if necessary. Cots or other portable beds are not to be used on a routine basis. The uppermost mattress of any bunk bed in use shall be far enough from the ceiling to allow the occupant to sit up in bed.
12.8.8. Each child shall have his or her own dresser or other storage space for private use, and a designated space for hanging clothes and placing possessions.
12.8.9. Bathrooms and plumbing fixtures shall be kept clean and maintained in good repair.
12.8.10. Water temperatures in sinks, showers, and bathtubs shall not exceed 120 degrees Fahrenheit. There shall be a safe and adequate supply of potable hot and cold running water. Water from any source other than a public water supply shall be tested annually by the appropriate state or local authority in accordance with state or local law.
12.8.11. Fixtures in bathrooms shall be situated so as to be accessible to the average sized child of the household. If the organization serves individuals with physical challenges, accessible or adapted equipment shall be provided and there shall be sufficient space in the bathroom to permit employee assistance if necessary.
12.8.12. A facility shall have one toilet, one lavatory and one bathtub or shower for every six children, at a minimum.
12.8.12.a. Bathroom floors and walls shall be moisture resistant and non-absorbent.
12.8.13. There shall be no open flame heaters in any facility operated by the organization and used by children.
12.8.14. Bathroom and bedroom facilities shall allow individual privacy unless there is a clear, clinical justification otherwise that shall be documented on the plan of care. There shall be doors on sleeping areas and bathrooms that can be readily opened from both sides.
12.8.15. No locks shall be placed on any door that hinders the exit of a person from that area. Locks may be used to restrict access to certain areas but must not require a key to exit. Upon written approval by the Secretary, a facility may use delayed-egress electrically locking systems. The facility shall submit a written request that includes (i) the area(s) where the delayed-egress electrically locking systems will be used; (ii) documentation from State Fire Marshal that the delayed-egress electrically locking systems complies with all building and fire codes; and (iii) the reason the delayed-egress electrically locking system is necessary to serve the children in the facility. The Secretary shall determine if the needs of the children served by facility require this level of restriction given the need for children to maintain normalcy. The Secretary may revoke the approval at his or her sole discretion.
12.8.16. Kitchens used for meal preparation shall be provided with the necessary equipment for the preparation, storage, serving and cleanup of all meals for all the children and employees regularly served by the kitchen. All equipment shall be maintained in working order. Kitchens serving more than eleven children shall meet all applicable provisions of the Department’s rule, “Food Establishments,” 64CSR17. Kitchens serving less than twelve may use a family-type kitchen provided that:
12.8.16.a. Food shall be protected from contamination during storage, preparation, and service;
12.8.16.b. Food contact utensils and equipment shall be of appropriate material, easily cleaned and maintained in good repair;
12.8.16.c. Refrigeration equipment shall assure the maintenance of food at or below 45 degrees Fahrenheit; and
12.8.16.d. Kitchen sinks shall have at least two bowls. If a dishwasher is used, the temperature shall reach a level sufficient to sanitize dishes. If no dishwasher is used, proper sanitation treatments in the washing process shall be used.
12.8.17. An organization using live-in employees or house parents shall provide adequate, separate living space for these employees.
12.8.17.a. A bed shall be provided in employee quarters for live-in employees or house parents.
12.8.17.b. Employees shall not share bedrooms with children.
12.8.18. Furniture provided for children shall be appropriately designed to meet the size and capabilities of the children. Furnishings shall be maintained in good repair.
12.8.19. An organization shall have securely locked storage spaces for all potentially harmful materials. Poisonous or toxic materials shall be stored in locked storage spaces not used for any other purpose.
12.8.20. Drugs, employee files and case records are to be kept in locked storage spaces with authorized access only.
12.8.21. Any room, corridor or stairway within a facility shall be sufficiently illuminated. Corridors in sleeping areas shall be illuminated at night.
12.8.22. Each separate living unit within an organization shall have telephone service.
12.8.23. Every access and exit to the building shall be continuously maintained free of all obstruction or impediments to immediate use.
12.8.24. The use of candles is prohibited.
12.8.25. Children shall swim only in areas that are supervised by a certified individual. A certified individual shall have a current water safety instructor certificate or senior lifesaving certificate from the Red Cross.
12.8.26. On ground pools shall be in a secured area and shall comply with the Department’s rule, Recreational Water Facilities, 64CSR16.
12.8.27. Windows shall have insect screening unless the facility is centrally air-conditioned. The screening should be readily removable in emergencies and shall be in good repair. All exterior doors shall be close fitting and self-closing.
W. Va. Code R. § 78-3-13 Initial Assessment and Plan of Care
13.1. Multidisciplinary Team.
In all instances in which there is a legally designated Multidisciplinary Team (MDT), the organization’s assessments and care plans shall be provided to the DHHR representative of the MDT for the purpose of maintaining consistency in assessment, treatment and placement planning. The MDT is responsible by statute for overseeing the assessment and case planning process for all children who are in the custody of the Department. The organization shall supply a representative to the MDT who is familiar with the child, his or her current status and his or her progress in treatment. The Department of Health and Human Resources designee assigned as the child’s representative to the MDT is responsible for approving plans of care designed by the organization. This approval shall include permissions for treatment.
13.2. Initial Assessment.
Each child or transitioning adult that enters residential treatment shall have a thorough assessment and a subsequent plan of care, if considered appropriate by a health care professional.
13.2.1. For children and transitioning adults who have comprehensive assessments completed within six months prior to admission, further assessments are not required, unless circumstances have significantly changed, or the assessments are incomplete.
13.2.2. The organization shall have a comprehensive assessment procedure for children entering the organization’s care. Clinical assessments shall be completed by an appropriately licensed or certified clinical professional or an individual under supervision for the licensure. Other assessments may be completed by employees meeting the requirements of their scope of practice. All assessments comprising the comprehensive assessment shall be completed prior to the development of the plan of care and shall include as appropriate and available:
13.2.2.a. Demographic information including custody status;
13.2.2.b. Presenting problems and reason for referral;
13.2.2.c. A history of treatment;
13.2.2.d. A medical history;
13.2.2.e. A social history;
13.2.2.f. The potential need for use of restrictive behavior management interventions;
13.2.2.g. A developmental history;
13.2.2.h. An educational or vocational history;
13.2.2.i. A legal history;
13.2.2.j. A substance abuse history;
13.2.2.k. A mental status examination;
13.2.2.l. An assessment of independent living and adaptive living skills;
13.2.2.m. A summary of the child’s strengths;
13.2.2.n. A summary of family strengths and weaknesses; and
13.2.2.o. A summary of presenting problems or potential focus for treatment as identified through the assessment.
13.2.3. When appropriate to the needs of the person served, the assessment shall include:
13.2.3.a. A review of adaptive behavior or a functional assessment, or both.
13.2.3.b. A review of the need for assistive technology, auxiliary aids and services and other special accommodations;
13.2.3.c. Nutritional and dietary needs;
13.2.3.d. Special or unique behavioral issues; and
13.2.3.e. A review of academic, cognitive, and vocational testing or assessments, if available.
13.2.4. Each assessment shall consider any unique aspects of the person’s racial, ethnic, and cultural background, and the need for any special service approaches resulting from that assessment.
13.2.5. The assessment shall result in a written integrated summary of findings and recommendations that shall guide the organization’s treatment efforts. The integrated summary of findings shall include:
13.2.5.a. Recommendations for dental, visual, and other health screenings or treatment;
13.2.5.b. A diagnosis, stated in terms as provided is the most recent version of the Diagnostic and Statistical Manual of Mental Disorders, if applicable;
13.2.5.c. Recommendations for further assessment as appropriate;
13.2.5.d. Recommendations for clinical behavioral health treatment, if applicable;
13.2.5.e. Recommendations for interventions to be made in the home environment, as necessary and appropriate;
13.2.5.f. Preliminary recommendations for placement and aftercare upon discharge;
13.2.5.g. Recommendations for family visitation unless contraindicated clinically or legally; and
13.2.5.h. Any recommendations for rights restrictions.
13.2.6. The organization shall have a policy establishing timelines for completion of a full assessment that shall take into account urgency of child need, expected duration of treatment, and timelines for plan of care. The timelines shall facilitate provision of an appropriate range of services at the earliest opportunity depending on the unique needs of the individual and the expected duration of services. Exceptions to those timelines shall be fully documented and justified in the clinical record.
13.2.7. When the organization is required to accept assessments from another organization or subcontracting entity, it shall review each assessment for sufficiency and conduct additional assessments if the product does not meet the standard.
13.2.8. The organization shall have a written practice to incorporate families into the assessment and service-planning process unless clinically or legally contra-indicated.
13.3. Initial Plan of Care.
13.3.1. The organization shall develop an initial plan of care within 72 hours of placement that includes the following:
13.3.1.a. List of medications prescribed prior to admission and continued until the assessment process is completed;
13.3.1.b. A summary of assessments needed for the development of a full diagnostic and treatment perspective and recommendations;
13.3.1.c. A description of specific, short-term individual or group interventions to be provided prior development of a master plan of care;
13.3.1.d. A description of educational services to be provided prior to the development of a master plan of care, if any;
13.3.1.e. A description of any behavioral interventions or protocols considered likely to be necessary prior to the completion of the master plan of care; and
13.3.1.f. A description of acute or chronic medical problems that may require treatment prior to the completion of the master plan of care.
13.3.2. The initial plan of care shall be developed whenever possible by a team representative of the professionals performing the assessments, the child (if cognitively capable of participating), the guardian, and the parents of the child if appropriate. The plan shall include a written description of the services to be provided. The initial plan of care shall be approved in writing by the parent or legal guardian and the individual served if that individual is considered sufficiently mature to understand the document. The organization shall obtain the guardian’s consent for treatment if the guardian is not present for the development of the initial plan of care. If the organization is required to have the DHHR’s consent and does not within 10 business days, the organization must document all reasonable efforts to obtain the consent, including contacting the appropriate chain of command.
13.3.3. If the expected length of stay is 30 days or less, the initial plan of care shall guide the team’s efforts throughout the child’s stay with the organization and shall be modified as necessary and appropriate. If, however, the expected length of stay is to be greater than 30 days, the team shall meet prior to the end of that time period to develop a master plan of care.
13.3.4. If a child requires a specific therapeutic support plan or a protocol for employees to use in dealing with an inappropriate behavior, the plan or protocol shall be in writing, shall be in terms that make it clear to direct care employees and shall have the consent of the parent or guardian. The plan shall include:
13.3.4.a. The behaviors to be monitored and modified;
13.3.4.b. The precise action to be taken by employees if the behavior occurs; and
13.3.4.c. Documentation employees are responsible for supplying, if any.
13.4. Master Plan of Care.
13.4.1. The plan of care planning and review team shall be an interdisciplinary team consisting of the employees involved in providing services to the child (including at a minimum a licensed or certified master’s level professional), the parents, the guardian (if other than parent), and the child him or herself, if the child is of sufficient developmental age to appreciate the content of the review. Unless clinically or legally contraindicated in writing, both parents shall be considered members of the care planning team regardless of the identification of a guardian. The child or guardian may request the presence of any other individuals they feel may add to the process. However, the organization is not responsible for bearing any costs related to the presence of other resources. Teachers or other external providers of service while the child is receiving services from the organization should be invited to team meetings and considered part of the team. The organization is responsible for ensuring that all members of the team receive adequate notification of team meetings, both by telephone, if possible, and in writing. The organization shall document its efforts to obtain participation by team members and any lack of attendance. The organization shall also document efforts to obtain informed consent for treatment from the parent or legal guardian if the guardian does not attend the team meeting. If the organization is required to have the DHHR’s consent and does not within 10 business days, the organization must document all reasonable efforts to obtain the consent, including contacting the appropriate chain of command.
13.4.2. The master plan of care shall:
13.4.2.a. Use the summary and recommendations of the assessment process;
13.4.2.b. Contain plans for maintaining or strengthening the relationship between the person served and his or her family if clinically and legally appropriate;
13.4.2.c. Identify the ultimate goal of services (e.g., return to home, foster care, independent living, post-secondary education, etc.);
13.4.2.d. Identify the services the organization intends to provide to meet the needs of the child and child’s family as revealed by the comprehensive assessment, including a list of general goals tied to the problems identified in the assessment; and desired measurable objectives for each goal stated in terms that are understandable to the child and guardian;
13.4.2.e. Contain a description of the interventions to be provided in order to achieve the stated objectives, including:
13.4.2.e.1. List of medications prescribed by the child’s medical practitioner. Medications may be altered by the physician or qualified medical practitioner during the interval between development and review of the care plan without modification of the care plan itself, however, notes made and signed by the physician or qualified medical practitioner shall be present in the record to document what changes were made and why within one week of alteration of a medication regimen; and
13.4.2.e.2. A description of therapeutic interventions intended to achieve the outcomes to include behavior support plans or therapy plans, or both, as necessary and appropriate;
13.4.2.f. Identify the title or position of persons responsible for providing each intervention;
13.4.2.g. Identify the frequency of the intervention;
13.4.2.h. Identify any outside providers, such as therapists, that the organization has arranged to treat the child and the goals of the interventions;
13.4.2.i. Include educational, vocational, and health services, including dietary, provided to the client; and
13.4.2.j. A proposed discharge plan.
13.5. Review of Master Plan of Care.
13.5.1. The organization shall have a procedure regarding regular review of the plan of care. The procedure shall dictate schedules of review of the plan depending on the average or projected length of stay for the child. At no time shall the schedule allow a period of review to extend more than 90 days except as permitted in sections for each provider type.
13.5.2. Reviews shall always be performed prior to discharge and at critical treatment junctures.
13.5.3. The review shall be the result of a conference of all members of the child’s care team including the guardian. Participation by team members and guardians may be telephonic, video conferencing, or, when appropriate, submitted in writing and included in the progress summary (e.g., by educational employees). The organization is responsible for documenting efforts to notify each team member in a timely fashion of the review.
13.5.4. Changes to the plan of care shall be the result of recommendations by the interdisciplinary team and shall be dated and approved in writing by the members of the team including the child (as developmentally appropriate) and his or her guardian.
13.5.5. Reviews shall be conducted by the interdisciplinary team and shall be in writing. They shall consist of:
13.5.5.a. A review of each outcome objective and its current status;
13.5.5.b. Identification of problems that are preventing progression;
13.5.5.c. Suggestions for dealing with those problems;
13.5.5.d. Modifications to be made to the care plan;
13.5.5.e. A review of any therapeutic service provided by an outside provider, to include a written report from that provider if he or she is not present for the review meeting;
13.5.5.f. A summary of all interventions provided to date;
13.5.5.g. A review of any incidents in which the recipient of service may have been involved since the prior review;
13.5.5.h. A review of the discharge plan and the permanency plan; and
13.5.5.i. A review of the effectiveness of each psychotropic medication the child is taking at the time of the review.
13.6. Permanency Plans.
The organization shall assist the MDT in the development of a permanency plan for each recipient of service, when required by statute.
W. Va. Code R. § 78-3-14 Service Delivery
14.1. Program Description.
The organization shall develop a written description of each service and program that is available to the public and potential consumers. The description shall include:
14.1.1. The goals of the program;
14.1.2. The expected outcomes of the program;
14.1.3. The services provided by the program;
14.1.4. The usual staffing of the program including ratios and overall credentialing;
14.1.5. Characteristics of children appropriately served by the program; and
14.1.6. Restrictions in access to the program, if any.
14.2. Involvement of Families and Guardians.
14.2.1. The organization shall document efforts to involve families of biological origin and foster and adoptive families in developing, modifying and reviewing plans of care unless contraindicated by the court or unless clinically contraindicated in writing in the child record, regardless of custody.
14.2.2. When residential or other out-of-home services cannot be provided close to a child’s home, the organization shall document efforts to maintain family ties and involve the family in plan of care and delivery.
14.2.3. The organization is responsible for notifying parents and guardians of:
14.2.3.a. Interdisciplinary team meetings;
14.2.3.b. Changes in the plan of care; and
14.2.3.c. Critical incidents and significant changes in the child’s condition.
14.2.4. The notification shall be completed within one working day after the event and documented.
14.2.5. If the organization cannot obtain guardian or parental participation and permission for treatment after documented efforts to do so, it shall not be held in violation of regulatory standards regarding permission and participation. However, the organization shall continue to document on-going efforts to include parents and guardians in the treatment process.
14.3. Behavioral and Therapeutic Interventions. An organization that uses therapeutic interventions shall:
14.3.1. Use positive approaches whenever possible to teach pro-social adaptive behavior and to modify behaviors that may be socially or personally maladaptive;
14.3.2. Identify antecedent conditions that may trigger inappropriate behavior and determine the most appropriate intervention;
14.3.3. Apply interventions in a caring and humane manner; and
14.3.4. Carefully describe and document interventions in the client record and in the plan of care.
14.4. Discipline.
14.4.1. The organization shall outline and follow its practices regarding discipline of persons served and this policy shall prohibit the following:
14.4.1.a. Corporal punishment (physical hitting or physical punishment inflicted in any manner upon the body);
14.4.1.b. Physical exercises such as running laps or pushups when used solely as a means of punishment;
14.4.1.c. Requiring or forcing the child to take an uncomfortable position for an extended period of time or forcing the child to repeat physical movements when used solely as a means of punishment;
14.4.1.d. The use of aversive conditioning such as electric shock devices, sound, heat, cold, light, water, noise, hot pepper, pepper sauce, pepper spray or ammonia;
14.4.1.e. Interventions that involve withholding nutrition, sleep, or hydration;
14.4.1.f. Punitive work assignments;
14.4.1.g. Sanctioning by peers, except as part of an organized therapeutic self-government program that is conducted in accordance with written policy and is supervised directly by employees;
14.4.1.h. Punishment of the group for an individual child’s behavior except as it involves a brief delay to initiation of the next activity or to ensure safety of the employees and children or as part of a therapeutic program using logical and natural consequences as a means of discipline;
14.4.1.i. Punishment that subjects the child to verbal abuse, ridicule, or humiliation;
14.4.1.j. Excessive denial of on-grounds program services or denial of any essential program service solely for disciplinary purposes;
14.4.1.k. Denial of visiting or communication privileges with family solely as a means of punishment;
14.4.1.l. Enforced silence for long periods of time;
14.4.1.m. Exclusion of the child from entry to the residence;
14.4.1.n. Assignment of unduly physically strenuous or harsh work;
14.4.1.o. Use of physical restraint involving peers;
14.4.1.p. Use of physical restraint outside commonly accepted systematic methods of passive physical control applied in an appropriately de-escalating fashion; or
14.4.1.q. Use of any technique of manual or physical restraint as an ongoing intervention for inappropriate or undesired behavior except in situations involving significant risk of harm to self or others if the restraint is not used.
14.4.2. The organization shall discontinue use of any intervention if it:
14.4.2.a. Produces adverse side effects such as illness, physical damage, or injury; or
14.4.2.b. Is ineffectual or detrimental to meeting service goals and objectives.
14.5. Medication Control and Administration.
14.5.1. Medication shall be prescribed and monitored by a licensed physician, dentist, physician’s assistant, or advanced practice registered nurse. The organization is responsible for physicians and other medical employees contracted for service just as it is responsible for physicians considered to be employees.
14.5.2. Organizations that administer medication using approved medication assistive personnel shall comply with the Department’s rule, “Delegation of Medication Administration and Health Maintenance Tasks to Approved Medication Assistive Personnel,” 64CSR60.
14.5.3. A child entering a facility with properly bottled and labeled medications may continue on those medications with appropriate consents, until such time as the organization can obtain current physician’s orders, either from the organization’s physician or the child’s physician, to continue the medications will be in accordance with the medical licensing requirements and standards.
14.5.4. When medication is prescribed or administered, the organization shall:
14.5.4.a. Obtain the written consent of the parent or legal guardian and the child over age 12 unless the child is incapable of supplying informed consent or there are compelling and documented clinical or legal reasons to overlook the child’s lack of consent.
14.5.4.a.1. When the medication is a psychotropic, except for medications the child is prescribed and taking prior to entering the program, the following information shall be provided to the parent or guardian, or both:
14.5.4.a.1.A. Specification of conditions the medication is to address, such as mood swings, irritability, etc.;
14.5.4.a.1.B. Efforts to address condition without medication;
14.5.4.a.1.C. The expected length of time on medication;
14.5.4.a.1.D. Necessary medical testing needed to determine proper usage of the medication; and,
14.5.4.a.1.E. How often symptoms will be evaluated to determine effectiveness of the medication.
14.5.4.b. Fully explain the benefits and possible side effects of the proposed medication (except in cases of routine refill, changes within a class of medications or dosage changes); and
14.5.4.c. Obtain approval from the parent or legal guardian in advance to dispense medication unless there is documented inability to reach the guardian within a reasonable period of time relative to the urgency of the need for the medication, which shall be documented. In the case of all other prescribed medication, the guardian will be notified, within one next business day, of the medication prescribed, the reason, and the date the medication began.
14.5.5. The organization shall have a written procedure directing the administration and storage of prescribed and over-the-counter medications to include:
14.5.5.a. An individual record for those children who receive medications to include:
14.5.5.a.1. Medications administered;
14.5.5.a.2. The date medications were administered;
14.5.5.a.3. The time of administration (medications are to be administered within one hour of the prescribed time unless otherwise allowed by physician’s order); and
14.5.5.a.4. The individual administering the medication;
14.5.5.b. A record of all appointments for medication management including unscheduled or canceled visits;
14.5.5.c. A record of missed medications and the reason;
14.5.5.d. Protocols for the administration of over-the-counter medications that includes individualized approval by a physician or qualified medical practitioner; and
14.5.5.e. Prescription medications shall be properly labeled and packaged and include:
14.5.5.e.1. The name of the person served;
14.5.5.e.2. The dosage and the name of the medication;
14.5.5.e.3. The name of the prescribing physician; and
14.5.5.e.4. An expiration date.
14.5.6. The organization shall have written procedures that govern:
14.5.6.a. The safe disposal of discontinued, out-of-date, or unused medications, syringes, medical waste, or medication; and
14.5.6.b. Provision for locked, supervised storage of medications with access limited to authorized employees.
14.5.6.c. Medication errors as described under subsection 3.46 of this rule.
14.5.7. Only licensed nursing employees may accept verbal orders for changes in medication regimens. These shall be signed by the prescribing physician within one week.
14.5.8. Organizations shall have, at a minimum, a consulting registered nurse whose responsibilities shall include as necessary:
14.5.8.a. Generating and reviewing monthly Medication Administration Records;
14.5.8.b. Matching physician’s orders to the medication administration records;
14.5.8.c. Observing employees supervising self-administration of medications at least quarterly;
14.5.8.d. Assisting interdisciplinary teams to develop educational goals for children taking regularly prescribed medications and participating in a supervised self-administration protocol;
14.5.8.e. Instructing employees in dietary or medication administration issues as necessary;
14.5.8.f. Responding to emergency calls from employees on medical issues, and;
14.5.8.g. Conducting ongoing assessments of each child’s health needs to include existing medical conditions, dietary issues, and medications.
14.5.9. The nursing employees of the organization shall assess each child or youth for the ability to self-medicate with supervision if the organization allows such administration before the youth is admitted into the program. Children not capable of participating in a plan shall have medications administered by licensed nursing employees or approved medication assistive employees as set forth in the Department’s rule, “Delegation of Medication Administration and Health Maintenance Tasks to Approved Medication Assistive Personnel,” 64CSR60. This requirement does not apply to organizations that operate shelters with a no refusal policy.
14.5.10. Medications may be self-administered under supervision of employees under the following conditions:
14.5.10.a. As part of the child’s plan of care, he or she is taught to identify his or her medications, recognize possible side effects, describe the purpose for the medication and indicate the time of day and frequency of which he or she is to take the medications;
14.5.10.b. The child is assessed by nursing staff as being cognitively capable of learning these skills.
14.5.10.c. Medication is kept in a secure location with limited access to employees only except at dosage times;
14.5.10.d. Employees are fully trained as to the purpose, most common side effects and dangers of each medication prescribed for children in the facility, and can identify each medication on sight;
14.5.10.e. Employees are trained in emergency procedures for overdose or abreactions;
14.5.11. The organization shall assess the effect of medication on the child at regular intervals and base its assessment on:
14.5.11.a. Documentation by clinical employees of the person’s behavior in the case record;
14.5.11.b. The observations of the child, employees, and significant others; and
14.5.11.c. Any commonly recommended medical tests necessary to determine the impact and safety of the medication on the persons served (e.g., blood levels, etc.).
14.5.12. Organizations with a length of stay longer than one year shall document attempts to titrate psychotropic medications to the lowest possible level while still achieving symptom control prior to discharge.
14.6. Medication as Chemical Restraint.
An organization shall not use chemical restraints unless permitted otherwise by its specific rules.
14.7. Case Records.
14.7.1. The organization shall maintain a case record for each child served that shall be retained for a minimum of 5 years following the child’s 18th birthday.
14.7.2. Case records are confidential and access to case records is limited to:
14.7.2.a. The child and as appropriate, his or her parent, guardian, or attorney, unless legally contraindicated;
14.7.2.b. Employees authorized to see specific information on a “need-to-know” basis; and
14.7.2.c. Others outside the organization whose access to the information contained in case records is permitted by law.
14.7.3. When not being used by authorized employees, case files should be returned to a secure area.
14.7.4. The case record shall comply with all legal requirements and contain, at a minimum:
14.7.4.a. Biographical or other identifying information;
14.7.4.b. Copies of custody and guardianship papers and court orders if appropriate and possible within the time frame of the program;
14.7.4.c. Reasons for referral and admission date;
14.7.4.d. Assessment information;
14.7.4.e. A master plan of care including goals and objectives of service;
14.7.4.f. Behavior support plans or therapy plans, or both, if any;
14.7.4.g. Reviews of the master plan of care as appropriate;
14.7.4.h. Reports from outside or contracted providers of service to the child;
14.7.4.i. Copies of all signed, written consent forms;
14.7.4.j. Routine documentation of ongoing services;
14.7.4.k. Documentation of incidents or investigations or reference to a separate incident file for each incident or investigation;
14.7.4.l. Documentation of any therapeutic physical restraints used by the organization with the child in question;
14.7.4.m. Documentation of medication administration for prior months;
14.7.4.n. Educational records, such as report cards, individual education plans, and class schedules, as available considering average program length;
14.7.4.o. Recommendations for ongoing or future service needs and assignment of aftercare or follow-up responsibility if needed and appropriate will be outlined in the discharge summary; and
14.7.4.p. A discharge summary will be entered within 30 days of termination or discharge.
14.7.5. The organization shall document a reasonable effort to obtain required materials.
14.7.6. When necessary and appropriate, the case record shall also include:
14.7.6.a. Legal evidence of custody;
14.7.6.b. Court ordered restrictions on the rights of persons served;
14.7.6.c. Psychological, medical, toxicological, diagnostic, or psychosocial evaluations;
14.7.6.d. Copies of all written orders for medications or special treatment procedures such as diet and physical therapy;
14.7.6.e. Regular reports from contracted service providers serving the child or family; and
14.7.6.f. Other information essential for delivering service to the child.
14.7.7. Only authorized employees may make entries into case records and all entries shall be:
14.7.7.a. Specific, factual, and pertinent to the nature of the service and the needs of the persons served; and
14.7.7.b. Completed, signed, or electronically identified and dated by the person who provided the service.
14.7.8. Case records shall be clearly legible, kept up-to-date from intake through termination and contact entries shall be made within one working day, unless the group is away from the main facility, in which case entries shall be made within one working day, of return to the main facility or program site.
14.8. Termination or Discharge.
14.8.1. Discharge plan shall be developed with the creation of the plan of care.
14.8.2. Termination or discharge shall occur when:
14.8.2.a. The child achieves the goals of his or her plan of care or is no longer in need of out-of-home care;
14.8.2.b. The child has reached maximum benefit or cannot benefit further from services provided by the organization;
14.8.2.c. The guardian terminates treatment;
14.8.2.d. The child no longer meets eligibility criteria;
14.8.2.e. The child refuses to meet program standards or requirements; or
14.8.2.f. The child completes court-ordered treatment.
14.8.3. The organization and interdisciplinary team, guardian, placement organization (such as the court), multidisciplinary team, and the person or family shall jointly plan for termination or discharge. Prior to discharge, the team shall meet to review and document the child’s progress in treatment, describe continuing problems and issues and develop specific recommendations for aftercare and follow-up. The aftercare and follow-up plans or recommendations shall be provided to the child and his or her parent and guardian upon discharge.
14.8.4. The organization shall enter a discharge summary into the case record upon termination of service within 10 days of termination or discharge that:
14.8.4.a. Includes recommendations for any needed future services; and
14.8.4.b. Provides a summary of services received while in care and an assessment of service effectiveness.
14.9. Educational Services.
14.9.1. The organization shall access an educational program for each school-age child in care.
14.9.2. All children in residential child care shall be enrolled in an educational or vocational program (depending on age and the child’s expressed desire) and provided with an educational or vocational plan, as appropriate, that is integrated into his or her plan of care and complies with the requirements set forth by the State Department of Education.
14.9.3. When appropriate and unless clinically, programmatically, or educationally contraindicated, children and transitioning adults shall be enrolled in the public school system. Organization employees shall maintain regular contact with school employees at a frequency appropriate for the severity and type of each child’s problems and service needs. The organization shall have a practice describing the method and frequency of contact.
14.9.4. The organization shall collaborate with the public or private school so that information can be exchanged freely, and problem behaviors addressed consistently across all environments.
14.10. On-Ground Schools.
14.10.1. On-ground schools shall be operated by the State Department of Education or a county board of education. Outdoor therapeutic educational programs are exempt from this requirement and shall comply with the requirements set forth in section 22 of this rule.
14.10.2. Therapeutic support plans developed in the residential setting shall be continued in the on-ground educational setting and vice versa. The educational program and the residential program shall communicate on a regular basis to ensure that this occurs and shall exchange data and information regularly. The organization shall have a practice and an interorganizational or interoffice agreement specifying how the organizations or offices will interact and the frequency of that interaction.
14.11. Groups and Groupings.
14.11.1. The organization shall ensure that therapeutic activities and groups shall be of an appropriate size to promote the success of the activity. Living areas are limited to no more than 12 children.
14.11.2. Children shall have the right to be housed with children of the same approximate ages, developmental levels, and social needs. This separation shall be a matter of organizational practice.
14.11.2.a. The organization shall not admit a child under six years of age without prior written approval from the Secretary.
14.11.2.b. No child over the age of five years shall occupy a bedroom with a member of the opposite sex.
14.12. Employment Opportunities.
The organization may involve the child in voluntary maintenance of the facility so long as those work programs do not replace the organization’s need for housekeeping and maintenance employees. Household “chores” may be required as a condition of participation in the program or as a method of moving to a more privileged level of programming. Descriptions of the employment opportunities should be included in the organization’s descriptions. All employment opportunities shall be evaluated for their therapeutic or habilitative value. The organization shall pay the child for an activity at a level required by state or federal law if there is no therapeutic or rehabilitative value in the activity. Money earned in an employment opportunities belongs to the child, although the organization may maintain control of the money until the child’s discharge, using an accurate and on-going method of tracking disbursements and deposits, made available to the child or guardian upon request. Employment opportunities other than household “chores” shall be evaluated and approved by the interdisciplinary team.
14.13. Daily Schedules.
14.13.1. The interdisciplinary team shall provide each child with a written daily schedule of activities designed to help him or her develop positive personal and interpersonal skills and behaviors by providing activities that are individualized, as needed to meet treatment needs:
14.13.1.a. Appropriate to the age, behavioral level, emotional needs, strengths, and interests of the child;
14.13.1.b. Specialized to meet the child’s identified strengths and needs as described in the assessment and plan of care;
14.13.1.c. Normalizing and integrated into the community to the maximum extent possible given the child’s clinical needs and behavioral functioning;
14.13.1.d. Available at all times to the employees and child; and
14.13.1.e. Comprehensive of all waking hours while allowing a reasonable amount of recreational, study and quiet time.
14.13.2. The daily schedules are not required to be archived in the child’s file.
14.14. Employee Supervision.
14.14.1. At all times, the organization shall have sufficient employees to allow the number of children being served to be adequately supervised, taking into consideration the complexity of the needs of the children. The organization shall consider appointments requiring employee supervision, employee leave, possible illness of children and any other relevant factor when scheduling employee and child activities.
14.14.2. Except as otherwise provided by this rule, children shall be supervised at all times. Short breaks in direct supervision shall be therapeutically indicated or necessary for the child to gain independence. The supervision of each child shall be determined in relation to normalcy and the reasonable and prudent parent standard. The supervision level must be documented in the child’s treatment plan that shall detail specific activities geared to support the youth’s treatment needs. Generic treatment plans will not meet the intent of this regulation.
14.14.3. Youth actively working toward independence shall be permitted short breaks in supervision to pursue recreation, employment or educational opportunities that complement his or her plan of care.
14.14.4. The organization shall have a procedure regarding employee supervision that ensures the safety, supervision and security of children who are acutely disturbed or suicidal, or both.
14.14.5. The organization shall have a procedure regarding supervision of children in off grounds activities that shall maximize the supervision and safety of children participating in the activities.
14.14.6. The organization shall ensure that when children leave a facility for overnight visits, there is a procedure for signing or being checked in and out of the program. The checklist or sign-in sheet shall be dated and shall include time in and out, the person responsible for the child, as appropriate, and the location at which the child may be contacted if necessary.
14.15. Special Services and Populations.
14.15.1. If an organization provides specialized services to a unique population (e.g., children with issues of substance abuse, children with developmental disabilities, sexually reactive children) the organization shall ensure that:
14.15.1.a. The service and clinical model reflects knowledge and use of the best practices available in the field;
14.15.1.b. Clinical and professional employee are appropriately trained and when possible certified or licensed in the area of service provided;
14.15.1.c. Direct care employees are specially trained to understand issues in clinical treatment of the population and able to use suitable intervention techniques when necessary and appropriate;
14.15.1.d. The environment and milieu of the treatment location is clinically, structurally, and developmentally appropriate for the population served; and
14.15.1.e. The facility is suitably secure and employee ratios suitably high to ensure the supervision and safety of children served during a crisis.
14.15.2. If an organization accepts into service a child with unusual clinical or programmatic needs, or both, the organization is responsible for adapting its routine practices to meet the needs of the child in care to the greatest extent possible. If it becomes evident that the child cannot benefit from the program, even with the adaptations the organization is able to make, the organization is responsible for assisting the department in identifying a more suitable placement at the earliest opportunity in conjunction with the guardian or multidisciplinary team, or both.
14.15.3. A residential program that specializes in serving children and transitioning adults with developmental disabilities or intellectual disabilities shall ensure that employees are trained to properly provide habilitation services and supervision in the following areas as appropriate for the population served:
14.15.3.a. Feeding;
14.15.3.b. Communication with nonverbal individuals;
14.15.3.c. Use of community recreation options;
14.15.3.d. Management of self-abusive and aggressive behavior;
14.15.3.e. Adaptive living skills;
14.15.3.f. Person first language and attitudes;
14.15.3.g. Therapeutic behavioral supports; and
14.15.3.h. Implementation of normalcy.
14.15.4. When serving individuals with developmental disabilities for more than 30 days, the program shall provide supportive services to help them fully interact with the community and achieve maximum independence. If the organization provides or contracts for the provision of therapeutic services such as individual therapy, it shall ensure that therapeutic interventions are adapted for the developmental functioning of the child.
14.15.5. An organization that provides services to children with developmental disabilities shall adhere to and implement normalcy and adapt the organization’s therapeutic facilities to meet the developmental needs of the child.
14.15.6. The organization shall provide children with co-occurring presenting issues with specialized services to meet their needs as identified in the comprehensive assessment. The organization shall arrange for detoxification and inpatient services to meet any emergency needs of children.
14.15.7. The organization shall ensure that children are provided with therapeutic and didactic interventions that directly address his or her substance abuse and any deficits in adaptive functioning relating to or concurrent with the abuse of substances.
14.15.8. If the organization specializes in co-occurring presenting issues, employee training shall comprehensively address the latest information, theories, and techniques in:
14.15.8.a. Identification, diagnosis and treatment of alcohol and drug abuse;
14.15.8.b. The concept of chemical dependency as a disease; and
14.15.8.c. Prevention activities that address both primary and relapse prevention.
14.15.9. When the initial assessment indicates the presence of a sexually sensitive history (either as offender or victim) the organization shall:
14.15.9.a. Obtain either directly or by contract or referral information a thorough assessment of the sexual history and functioning of the child, attending in particular to episodes of victimization or offense;
14.15.9.b. Obtain either directly or by contract or referral specialized treatment interventions or services as appropriate; and
14.15.9.c. Consider the child’s history when making determination regarding housing and supervision in order to ensure the safety of all the children.
14.15.10. If the organization specializes in the treatment of children with sexualized behaviors:
14.15.10.a. The milieu shall be organized and maintained in such a way as to maximize the safety and supervision of the children at all times; and
14.15.10.b. Employees shall be specially trained in the supervision and treatment of sexualized behaviors in children; and
14.15.10.c. Professional employees shall be trained and certified as appropriate in the treatment of sexualized behaviors in children or shall be in the process of obtaining certification and properly supervised by certified employees.
14.15.11. If the organization discovers that a child is pregnant and it is not a Maternity and Parenting Program, it shall provide or make referral for the following health services, at a minimum, until other arrangements are made;
14.15.11.a. Fetal alcohol syndrome screening;
14.15.11.b. Prenatal care;
14.15.11.c. Well-baby care; and
14.15.11.d. Parenting skills instruction.
14.16. Health Services.
14.16.1. The organization shall have a procedure in place to ensure emergency medical care for all its children on a 24-hour basis.
14.16.2. Each child shall have upon admission or receive within 72 hours of admission a current medical screening by a qualified medical practitioner (EPSDT). The screening shall document:
14.16.2.a. A general history of the child’s and family’s health;
14.16.2.b. The patient’s current medications;
14.16.2.c. Allergies;
14.16.2.d. Pertinent medical problems requiring nursing attention;
14.16.2.e. Current risk and safety factors;
14.16.2.f. Nutritional status;
14.16.2.g. Immunization status, and
14.16.2.h. Sleep patterns.
14.16.3. In facilities with stays of longer than 30 days duration, appropriate dental assessments shall be conducted at least annually to include provision of any routine dental care as recommended by the evaluating dentist.
14.16.4. Health services shall also include, in facilities with stays of longer than 30 days duration, age appropriate instruction regarding:
14.16.4.a. Pregnancy prevention,
14.16.4.b. AIDS/HIV and STD prevention,
14.16.4.c. Nutrition;
14.16.4.d. Laboratory or other diagnostic work as prescribed by a physician; and,
14.16.4.e. Other general information about the prevention and treatment of disease.
14.16.5. Educational services shall also be provided regarding psychotropic medications and mental health as age appropriate and necessary. When possible, the family of origin or expected family of projected placement shall be educated as well.
14.17. Clothing.
14.17.1. The organization shall ensure that each child in care has adequate, clean, well fitting, attractive, and seasonable clothing as required for health, comfort, and physical well-being and as appropriate to age, sex and individual needs. The child shall be encouraged to participate in the selection of clothing.
14.17.2. A child’s clothing shall not be shared in common.
14.17.3. Clothing shall be kept clean and in good repair. The child shall be involved in the care and maintenance of his or her clothing. As appropriate, laundering, ironing, and sewing equipment shall be accessible to the child.
14.17.4. When uniforms are required, the child and parents or guardians shall be advised of this requirement prior to admission.
14.17.5. The organization shall ensure that discharge plans make provisions for clothing needs at the time of discharge. All personal clothing shall go with a child when he or she is discharged, or arrangements shall be made if the child was not able to leave with his or her personal belongings.
14.18. Personal Belongings.
The organization shall allow a child to bring personal belongings to the program and to acquire belongings. However, the organization shall, as necessary, limit or supervise the use of these items. Provisions shall be made for the protection of a child’s property. The organization shall provide a list of items that are not appropriate for the child to have at the program upon intake.
14.19. Personal Hygiene.
14.19.1. Procedures to ensure that children receive assistance and education in personal care, hygiene and grooming appropriate to their age, gender identity, race and culture shall be established.
14.19.2. The organization shall ensure that children are provided with all necessary toiletry items.
14.19.3. A child shall be permitted a reasonable degree of freedom in selecting a style of wearing his or her hair and clothing.
14.20. Religion and Culture.
14.20.1. Children shall have the opportunity to participate in religious activities and services in accordance with their own faith. The organization, when necessary, shall arrange transportation.
14.20.2. Children may not be coerced or required to attend religious activities.
14.20.3. The organization shall involve children in cultural or ethnic activities, appropriate to their own cultural or ethnic background.
W. Va. Code R. § 78-3-15 Restrictive Behavioral Interventions
15.1. Legal Compliance.
15.1.1. Restrictive behavior management techniques include restraint (physical, mechanical, or chemical) and seclusion. The organization shall have a policy with specific procedures to govern the use of these techniques. The policy shall delineate the circumstances under which these techniques may be used and shall describe which techniques may be used in precise language. Unless indicated otherwise in this rule, restraints are to be used only in an emergency when there is imminent risk of the child physically harming himself or herself or others, including employees. Non-physical interventions are the first choice as an intervention unless safety issues demand an immediate physical response. Restrictive behavior management techniques are not to be used as a part of an approved plan of care.
15.1.2. Group restraints incorporating peers as restrainers or observers are prohibited in any treatment environment.
15.1.3. Seclusion, chemical and mechanical restraints shall be used only in facilities with explicit permission to do so as described in this rule (i.e. psychiatric residential treatment facilities and intermediate care facilities).
15.2. General Guidelines.
15.2.1. Restrictive behavior management techniques shall be used only in emergency situations to protect individuals from harming themselves or others and not as part of an on-going plan of care.
15.2.2. Use of the techniques shall conform to federal guidelines unless the guidelines are less stringent than those described in this rule.
15.2.3. The organization shall maintain comprehensive data on the use of any restrictive behavior management practices, collected individually for each organization or program it manages, and shall summarize and review that data quarterly. An annual report shall be made to the governing body by the safety committee or officer.
15.2.4. At admission, each child shall be assessed for his or her potential need for use of restrictive behavior management interventions. The assessment shall include:
15.2.4.a. The potential for risk of harm to himself, herself, or others;
15.2.4.b. Antecedents (if known) to out of control behavior;
15.2.4.c. Effectiveness (if known) of previous use of these interventions;
15.2.4.d. Psychological or social factors such as psychosis, claustrophobia or; a history of sexual or physical abuse that would influence the use of the practices; and
15.2.4.e. Medical factors that might put the person at risk in a restraint.
15.2.5. If the child is judged likely to require the use of restrictive behavior management techniques, employees shall be alerted to any considerations identified in the assessment and trained appropriately.
15.2.6. The organization shall ensure and document that the parent or legal guardian:
15.2.6.a. Received notification in writing at the time of admission that these interventions are used by the organization;
15.2.6.b. Received a copy of the behavior management protocol; and
15.2.6.c. Was notified immediately if a restraint was used unless the guardian has requested otherwise.
15.2.7. The organization shall prohibit the following:
15.2.7.a. Use of restrictive behavior management techniques in non-crisis or emergency situations, as a form of coercion or discipline, or for the convenience of employees;
15.2.7.b. Excessive or inappropriate use of restrictive behavior management techniques; and
15.2.7.c. The application of restrictive behavior management interventions by other persons served or any person other than trained, qualified employees.
15.2.8. The condition of the restrained or secluded person shall be monitored. Consciousness, respiration, agitation, mental status, skin color and skin integrity should be monitored continuously.
15.2.9. Employees identified as medical professionals should have the authority to prevent a specific intervention based on health issues.
15.2.10. Properly trained employees should have the authority to stop a specific behavioral intervention based on health issues.
15.2.11. The employee shall discontinue restrictive behavior management interventions immediately if they produce adverse side effects such as illness, severe emotional or physical stress or physical damage and obtain immediate medical treatment for the child.
15.3. Training.
15.3.1. All employees with direct contact with children shall receive documented training in the organization’s restrictive behavior management practices.
15.3.2. All direct care, supervisory and clinical employees shall receive initial and ongoing competency-based training on the organization’s restrictive behavior management policies, procedures, and practices appropriate for the type of program.
15.3.3. The training shall include:
15.3.3.a. Recognizing situations, including medical conditions that may lead to a crisis;
15.3.3.b. Recognizing unique situations that preclude the use of restraints (medical issues, sexual reactivity, etc.);
15.3.3.c. Understanding how employee behavior can influence the behavior of persons served; and
15.3.3.d. Using appropriate methods for de-escalating volatile situations, including verbal techniques, mediation, distraction and diversion and other non-restrictive ways of dealing with aggressive or out of control behavior.
15.4. Physical Restraint.
15.4.1. Written procedures shall govern the use of physical restraint. They shall specify that:
15.4.1.a. Physical restraint may be used only in emergency or crisis situations to protect individuals from harming themselves or others;
15.4.1.b. Employees shall use the least restrictive, safest, and most effective methods generally accepted in the field;
15.4.1.c. Physical restraint may be used in each instance only when less restrictive measures have proven to be ineffective or in an immediately dangerous situation that precludes the use of other interventions;
15.4.1.d. The decision to use physical restraint shall take into account an analysis that determines that the risk of the individual’s behavior to himself, herself or others outweighs the potential risk of the use of physical restraint. This analysis shall be documented as soon as possible after the use of the restraint;
15.4.1.e. Physical restraint shall be discontinued as soon as possible;
15.4.1.f. All direct service employees shall have access to a copy of written policies and procedures regarding the appropriate and limited use of physical restraint;
15.4.1.g. A continuing monitoring system shall be kept documenting the names of employees restraining children, the names or identifiers for children restrained, the date and the time of restraint, other individuals involved, the circumstances and reasons for physical restraint, the amount of time the child is restrained, less restrictive measure utilized, and documentation of supervisory review and clinical justification;
15.4.1.h. Use of physical restraint shall be documented in the person’s case record;
15.4.1.i. Use of a physical restraint shall result in completion of a report;
15.4.1.j. Significant injuries occurring during a physical restraint shall be reported to the Institutional Investigative Unit under mandatory reporting requirements; and
15.4.1.k. The organization shall have documentation of notification of the parent or guardian unless he or she indicates in writing that he or she does not wish the notification or unless the parent or guardian has specified parameters for notification (i.e., in case of injury during restraint).
15.4.2. The organization shall have designated staff who shall review each incident of physical restraint no later than one working day after its use.
15.4.3. Physical restraint may not be used:
15.4.3.a. To force a child into compliance;
15.4.3.b. In response to cursing or screaming;
15.4.3.c. For refusal to participate in an activity; or
15.4.3.d. For failure to join a group activity.
15.4.4. The use of physical restraints shall be discontinued as soon as possible and shall be limited to guidelines of the crisis intervention model the organization follows and state and federal law.
15.4.5. Employees shall make periodic attempts to free the child during the period in which the restraint is employed.
15.4.6. If the restraint extends longer than recommended guidelines, the organization shall document the reason for the extended restraint and describe action taken to prevent further use of extended physical restraint.
15.4.7. Following each instance of physical restraint, a meeting shall be held within 24 hours that includes the appropriate employees (the employees restraining children and supervisory employees) and the person restrained (if developmentally and clinically appropriate) to:
15.4.7.a. Evaluate the well-being of the person served and identify the need for counseling or other services related to the incident;
15.4.7.b. Identify antecedent behaviors and modify the care plan as appropriate; and
15.4.7.c. Analyze how the incident was handled.
15.4.8. Employees and designated supervisory employees shall discuss necessary changes to procedures or employee training, or both, in order to preclude further restraints to the maximum extent possible. Recommendations shall be documented.
W. Va. Code R. § 78-3-16 Critical Incidents and Crisis Management
16.1. Abuse and Neglect.
16.1.1. The organization shall have a procedure regarding identification and reporting of instances of alleged abuse or neglect of children in its care that shall be in compliance with W. Va. Code §49-2-801 et seq.
16.1.2. Definitions of abuse and neglect and procedures regarding reporting of abuse and neglect shall be consistent with those established by state law.
16.1.3. The employees, volunteers and management of any organization are considered to be mandatory reporters by State Law and are required to report any and all allegations of abuse and neglect to the appropriate state authorities as required in W. Va. Code §49-2-801 (Part VIII). All allegations of abuse and neglect shall be immediately reported to the Institutional Investigative Unit of the Department via a telephone call to the Child Abuse Hotline. Within 48 hours of the incident, the organization shall prepare a written incident report that shall be available to the Institutional Investigative Unit upon request. The Institutional Investigative Unit will inform the organization if an investigation of the incident shall be conducted. If the Institutional Investigative Unit indicates that there shall be no Institutional Investigative Unit investigation the allegation shall be downgraded to a critical incident and the organization shall proceed with a full investigation.
16.1.3.a. The organization shall limit internal assessment of an incident to ensuring the safety of the children in placement without compromising the Department’s subsequent investigation.
16.1.4. All incidents that have harmed or may have represented potential harm to a child or children shall result in the completion of an incident form. Incidents suspected of being subject to mandatory reporting requirements as defined by W. Va. Code §49-2-801, et seq. shall be reported to the Institutional Investigative Unit according to organization policy and procedures. This shall include medication errors with negative outcome for the child and any injuries occurring in the course of a restraint.
16.1.5. The organization shall cooperate fully in an investigation of any incident and shall provide all information requested by the Department.
16.1.6. Any investigations completed by the organization shall be maintained and made available to the state regulatory agency.
16.1.7. In all cases, the organization shall take the actions necessary to protect the child from further harm until an investigation is completed. An incident involving the alleged sexual abuse or physical abuse causing a serious physical injury to a child by an employee of the organization requires that the employee be removed from direct service work with children until the investigation is completed. Otherwise, the organization shall have a procedure in place for management of employees alleged to have abused or neglected a child that may include any or all of the following:
16.1.7.a. Removal from duty pending investigation;
16.1.7.b. Increased supervision to ensure child safety;
16.1.7.c. Transfer to a substantially different area of the organization with different children (higher developmental functioning, different sex, etc.);
16.1.7.d. Transfer to a different more closely supervised shift;
16.1.7.e. Transfer to different job responsibilities that does not include contact with children; and
16.1.7.f. Other appropriate actions as indicated by the circumstances.
16.2. Critical Incidents.
16.2.1. The organization is responsible for monitoring and investigating any incident that may have had the potential for harming a child emotionally or physically with the exception of those incidents investigated by the Institutional Investigative Unit. Critical incidents include but are not limited to the following:
16.2.1.a. Attempted suicide with some potential for being lethal;
16.2.1.b. Behavior likely to lead to serious injury or significant property damage;
16.2.1.c. Fire resulting in injury;
16.2.1.d. Major involvement with law enforcement authorities;
16.2.1.e. Possession of illicit substances including alcohol;
16.2.1.f. Possession of weapons;
16.2.1.g. Injury resulting in hospitalization or medical treatment;
16.2.1.h. Significant reaction to a medication or food;
16.2.1.i. Medication errors with negative outcome that the Institutional Investigative Unit determines it will not investigate;
16.2.1.j. Dietary errors resulting in negative outcome for the child;
16.2.1.k. Extended and unauthorized absence;
16.2.1.l. Significant injuries of unknown origin; and
16.2.1.m. Any other incident judged by employees, management or other individual to be significant and to potentially have a negative impact on the child.
16.2.2. For the purposes of sorting mandatory reporting incidents from other incidents, the issue of lack of appropriate employee oversight shall always be considered. If the incident is attributed to lack of employee oversight, it shall be upgraded to a mandatory reporting incident.
16.2.3. All critical incidents shall be documented, then investigated by a designated member of the organization’s safety committee, or similar committee. The investigation shall result in a report that will be reviewed by the administrator or his or her designee within five working days of the occurrence of the incident or within five days of notification by the Institutional Investigative Unit that it will not investigate. The report shall describe the incident, possible antecedents, consequences, witnesses, time of day, length of the incident, the individuals involved and any other information necessary for quality improvement and risk management. Whenever possible, all witnesses should be interviewed, and the results of the intake documented.
16.2.4. All facilities will also encounter incidents that are not necessarily critical in nature, but that will require investigation. Again, lack of employee oversight shall always be evaluated as an issue. If that lack led to a negative outcome for the child, it shall be upgraded to mandatory reporting. Injuries of unknown origin shall also always be evaluated and considered for potential of abuse in protected populations.
16.2.5. If a pattern of non-critical incidents is identified, the organization shall refer to the quality assurance team for a thorough investigation of incidents typical of the pattern.
16.2.6. The organization shall keep a central administrative file of all incident reports and any ensuing investigations.
16.2.7. Incident reports shall be completed prior to the end of the shift of the reporter or individual involved. The program supervisor shall review and sign off on the report within one working day. The organization shall immediately make reports to the Institutional Investigative Unit when appropriate. Written reports shall follow within 48 hours. Internal investigations shall be completed within five days of the incident or within five days of notification by the Institutional Investigative Unit that it will not investigate, depending on the nature of the incident.
16.2.8. The organization shall regularly and at least every 90 days submit all incident reports either to the organization’s safety committee or officer for review. That review shall result in an annual report to the governing body and shall be used to improve quality and safety of care to the children in service.
16.3. Emergency Medical Services.
16.3.1. The organization shall have written procedures for directing employees in case of medical emergencies.
16.3.2. All employees shall have access to the procedures and to a list of emergency numbers.
16.3.3. All employees shall be trained in emergency medical procedures.
16.3.4. Residential direct care employees shall have at a minimum the availability of telephone contact with supervisory employees on a 24-hour basis. Telephone numbers for supervisory employees and schedules of on-call responsibility shall be readily available to all employees at all times.
16.4. Deaths.
All children’s deaths shall be reported to law enforcement, the Institutional Investigative Unit through DHHR Centralized Intake and the licensing specialist, the child’s DHHR caseworker, the Office of Health Facility Licensure and Certification, the coroner of the county in which the organization is located, and to other state or federal agencies as required by law within 24 hours.
W. Va. Code R. § 78-3-17 Group Residential Child Care and Treatment
17.1. Employee Ratios and Training.
17.1.1. Employees, for the purposes of this section, are those individuals who are:
17.1.1.a. Fully oriented and trained according to organizational policy; and
17.1.1.b. Have job responsibilities that pertain only to the provision of child care, treatment and supervision.
17.1.2. The group residential program shall have a policy regarding care and supervision of children that ensures that:
17.1.2.a. Children receive adequate supervision for their age, developmental functioning, and emotional and behavioral needs; and
17.1.2.b. The care plan as developed by the interdisciplinary team is implemented for each child.
17.1.3. Children shall be cared for and supervised at the following levels, with clinically justified modifications when house parents are employed:
17.1.3.a. Minimum employee-to-child ratios as described within specific program rules shall be maintained at all times; and
17.1.3.b. Additional or back-up care employees shall be available for emergency situations or to meet special needs presented by the persons in care.
17.1.4. The organization shall have a procedure regarding the supervision of children in off-grounds activities that shall ensure that the children are adequately supervised at all times.
17.1.5. As appropriate to the ages and needs of persons in care, the organization shall ensure that one or more trained professional employees are on duty or available via an on-call system on a 24-hour basis to provide continuous supervision to each residential living unit within a residential program.
17.1.6. The organization that uses a house parent model shall have a policy that ensures the safety and supervision of children at night.
17.2. Environmental Issues.
17.2.1. To the maximum extent possible, the organization providing group residential services shall be non-institutional in appearance and practices. Each child or transitioning adult shall be permitted to have personal space, personal possessions, and a place to store those possessions unless clinically contraindicated. Each child is expected to assume some responsibility for an aspect of care of living environment (cleaning, cooking, etc.) on an ongoing basis.
17.2.2. The organization shall ensure that residential living units within the milieu consist of no more than 12 children. The size of the groups shall be dictated by their function and some may be smaller than 12 members. Group therapeutic and residential living activities should be conducted in an appropriately sized group format, taking into consideration best practice standards for the gender, developmental status, and diagnosis of the members.
17.2.3. Children shall have clearly identifiable schedules and activities. Each child shall have a schedule that identifies therapy times, chore or work assignments, school hours, and other activities.
17.2.4. Employees shall be available in sufficient quantity and with appropriate credentials to address the needs of the child as identified by the assessment and interdisciplinary team process.
17.2.5. The residential program that permits pets shall have a veterinary evaluation and vaccinations as recommended by the veterinarian in writing.
17.2.6. Service elements unique to the population:
17.2.6.a. If the residential program permits children to operate vehicles while in placement, it shall do so under the following conditions:
17.2.6.a.1. The child has a valid West Virginia driver’s permit or license;
17.2.6.a.2. The child’s vehicle, if any, is appropriately licensed and insured; and
17.2.6.a.3. The child receives permission in writing from his or her parent or guardian.
17.2.6.b. The organization shall have a written plan of basic daily routines that shall be available to all employees and updated regularly.
17.2.6.b.1. Children shall participate in planning daily routines.
17.2.6.b.2. Children shall have set routines for waking and going to bed.
17.2.6.c. The organization shall encourage and arrange for children to participate in community and school functions and recreational activities on an individual basis.
W. Va. Code R. § 78-3-18 Residential Crisis Support/Emergency Shelter Care for Vulnerable Children
18.1. Service Description.
18.1.1. Children’s emergency shelter care services are provided to children in need of room, board, supervision, and support during a familial or personal crisis.
18.1.2. Children’s emergency shelter care services are provided to all children unless services are limited to a specific target population through a written program description or through contract with the Secretary.
18.1.3. Children’s emergency shelter care is responsible for making reasonable efforts to assist individuals to find appropriate placement if admission is impossible because of census, program description, or client variables.
18.1.4. When children are provided shelter without permission of a parent or guardian, the organization shall:
18.1.4.a. Establish the child’s legal status;
18.1.4.b. Conduct a brief interview to ascertain the circumstances of the need for admission;
18.1.4.c. Notify the parent or guardian of the admission unless the Shelter documents that the child;
18.1.4.c.1. Is an emancipated minor;
18.1.4.c.2. Has reached age of majority; or
18.1.4.c.3. Could be endangered as a result of notification.
18.1.4.d. Notify the local representative of the Department; and
18.1.4.e. Obtain authorization to provide care for the child if appropriate and necessary.
18.1.4.f. The child shall be informed of the planned notification that shall occur immediately after admission.
18.1.5. Stays in the shelter are voluntary unless the child has been ordered into the facility by a legal entity with authority to do so. If a child voluntarily enrolled as a participant chooses to leave the facility, employees shall document efforts to persuade him or her to remain or to arrange safe alternative placement, or both. If in the employee’s assessment, the child is not capable of adequate self-protection, the employee will take action as delineated by the Department’s policy.
18.1.6. Children in Shelter care shall be supervised at all times unless the child is engaged in an activity away from supervision authorized by the clinical team (e.g., home visit, public school, employment, etc.). The shelter shall ensure that when children leave the building, there is a procedure for signing or being checked in and out. The checklist or sign-in sheet shall be dated and shall include the time in/out, the person responsible for the child, as appropriate, and the location at which the child may be contacted if necessary.
18.1.7. The shelter shall have policies and procedures for expelling an individual from a shelter. Policies and procedures shall be described in an understandable fashion to the individual at admission and he or she shall also receive a copy of policies regarding standards of conduct in the shelter at that time. Policies and procedures shall:
18.1.7.a. Define the reasons or conditions for which an individual may be expelled;
18.1.7.b. Delineate a clearly defined process for expulsion, including timely due process provisions;
18.1.7.c. Describe the conditions or process for re-admission to the shelter; and
18.1.7.d. Require that all reasonable efforts be made to provide an appropriate alternative placement.
18.1.8. All shelters provide services that are designed to meet the immediate safety and basic needs of the child. As such, they shall provide, either directly or by referral, the following:
18.1.8.a. Sleeping accommodations;
18.1.8.b. Food;
18.1.8.c. Clothing;
18.1.8.d. Personal hygiene supplies and facilities;
18.1.8.e. Crisis intervention;
18.1.8.f. Case management and assistance;
18.1.8.g. A mailing address;
18.1.8.h. Information and referral for services;
18.1.8.i. Linkage to medical services;
18.1.8.j. Eyes-on supervision;
18.1.8.k. Supportive group counseling;
18.1.8.l. Supportive individual counseling;
18.1.8.m. Access to recreational activities; and
18.1.8.n. Educational assistance, if necessary.
18.1.9. The Shelter shall:
18.1.9.a. Provide prompt admission;
18.1.9.b. Emphasize short term stay by working aggressively to arrange more appropriate alternative placement;
18.1.9.c. Provide an organized written program of daily activities for each child that includes social, recreational, and educational activities;
18.1.9.d. Provide sex trafficking prevention programming that shall include (i) education about sex trafficking including what it is and the prevalence of it; (ii) education about understanding one’s vulnerabilities and how to protect self from traffickers; (iii) education about how to enhance the child’s existing support system of family, friends, and community; (iv) education about services for housing, homelessness prevention, and educational support; and (v) education to prevent running away.
18.1.9.e. Promote continued contact and communication between a parent or guardian and his or her child unless legally or clinically contraindicated; and
18.1.9.f. Assist in developing supportive aftercare or other services to ameliorate the problems that led to the need for the shelter.
18.1.10. Shelters are exempt from subsection 14.9. (educational services) of this rule. Shelters shall:
18.1.10.a. Informally evaluate educational needs upon admission of school-age children;
18.1.10.b. Arrange admission to the public school system; and
18.1.10.c. Provide educational activities for each school age child in the Shelter environment as required by the state Department of Education.
18.2. Employee Ratios and Training.
The Shelter shall have the following employees who are trained on prudent parenting standards:
18.2.1. Direct care employees who provide continuous supervision for children 24 hours per day at ratio of not less than 1-to-5 with one employee present at all times in each residential living unit and one employee present at all times who is authorized to apply the reasonable and prudent parent standards to decisions involving the participation of the child in age- or developmentally-appropriate activities;
18.2.2. A shelter manager to provide coordination and supervision of employees and operations, possessing a minimum of a bachelor’s degree and two years’ experience in working either in management or with children and families;
18.2.3. A consulting licensed psychologist, available as needed by employees or the children;
18.2.4. A case manager or service coordinator, to provide case management services and supportive counseling. The minimum educational requirements are a bachelor’s degree and one-year experience working with children and families. The case manager shall be appropriately supervised on a regularly documented basis by a qualified behavioral health clinician or social worker;
18.2.5. A consulting registered nurse available onsite at least weekly who is responsible for:
18.2.5.a. Performing nursing assessments on each child within five working days of admission;
18.2.5.b. Completing medication administration records for each child, updated as necessary;
18.2.5.c. Monitoring medication administration including supervising Approved Medication Assistance employees if necessary;
18.2.5.d. Assessing children for their ability to self-medicate under supervised conditions and developing appropriate educational materials or facilities for educating children about their medications or other health conditions;
18.2.5.e. Educating employees to meet the demands of children with unusual health conditions such as diabetes, epilepsy, etc.; and
18.2.5.f. Monitoring medication availability, storage, record-keeping, and disposal and medication errors.
18.3. Treatment Teams.
Shelter treatment teams shall consist of the child if developmentally appropriate, a direct care employee, the case manager, and the shelter manager at a minimum. The consulting psychologist shall review and approve all activities of the treatment team if he or she was not an active participant. When appropriate for children with medical issues, the consulting nurse shall also be a member of the team or shall approve the team’s activities in writing. The organization shall notify parents or guardians and the child’s social worker and request they participate in team activities unless timelines for team activities prohibit such involvement or parental or guardian participation is not clinically or legally appropriate. The social worker shall receive a copy of the team’s actions within 24 hours if not a direct participant.
18.4. Care Plans.
18.4.1. Shelters are exempt from the plan of care subsections 13.3. and 13.4. of this rule as long as the child is present in the facility less than 30 days. If the child is present in the facility for 30 or more days, a master plan of care shall be developed as required by subsection 13.4. of this rule and all other aspects of the rule apply with regard to service delivery, master plans of care, and reviews of plans of care.
18.4.2. Upon admission, the Shelter shall complete the collection of any background material and history available either from the child, a social worker, or a parent or guardian. From that information, the Shelter shall develop an intake plan that shall describe the following:
18.4.2.a. Further testing, evaluation, or collection of information necessary to complete the comprehensive assessment of the child and tentative timelines for completion of that assessment;
18.4.2.b. Safety plans or behavioral protocols, if necessary, to deal with any predictable inappropriate behaviors (e.g., need for eyes on at all times, employee-to-child ratio of 1-to-1, likelihood of sexual reactivity, etc.);
18.4.2.c. Plans for referrals for the necessary medical screenings; and
18.4.2.d. Permission to administer properly bottled prescription and non-prescription medications brought in by the child.
18.4.3. The intake plan shall be completed within 24 hours and approved by the admitting parent or guardian within 72 hours.
18.4.4. Within seven days, the shelter shall develop a list of problems identified in the assessment. The list may include not only behavioral health problems but also legal, familial, financial, medical, and academic problems, among others. The shelter shall determine through an interdisciplinary team meeting those problems that the shelter intends to address prior to discharge and those problems that may need to be addressed in an aftercare plan. At all times, consideration shall be given to improving the child’s relationship with his or her family unless clinically or legally contraindicated.
18.4.5. The shelter shall provide objectives for each problem that it has determined that it shall address prior to discharge.
18.4.6. Objectives shall be stated in simple language, understandable to the child whenever possible.
18.4.7. The intervention to be used in addressing the objective shall be described and the person or persons responsible named, if appropriate.
18.4.8. If an objective includes an individual or group therapy intervention, the intervening organization or provider, whether the shelter’s employee or a contractual or other provider to whom the organization refers, shall be responsible for developing a specific therapy plan that describes the processes the therapist intends to use, in specific language, and the skills to be learned or behaviors to be increased or reduced by the child. If necessary, a plan or protocol shall be provided to direct care employees to attempt to generalize behaviors discussed in therapy to the shelter environment. Outside providers shall be responsible for providing written feedback to the shelter prior to discharge, in writing, regarding progress made in therapy or lack thereof and rationale for the lack of progress.
18.4.9. Physicians or qualified medical practitioners providing services to children in the shelter, whether by contractual or referral relationship, shall be responsible for communicating with the shelter nurse regarding medication changes, and for providing written records regarding changes in medications and the rationale for the changes.
18.4.10. The shelter shall provide a nationally recognized behavioral health program for known victims of sex trafficking; and
18.4.11. The programming shall provide opportunities for children to experience some of the same normalizing experiences as their peers not in foster care.
18.5. Behavior Plans.
18.5.1. If a child requires a specific behavior support plan or a protocol for employees to use in dealing with an inappropriate behavior, the plan or protocol shall be in writing and shall be in terms that make it clear to direct care employees:
18.5.1.a. The behaviors to be monitored and modified;
18.5.1.b. The precise action to be taken by employees if the behavior occurs; and
18.5.1.c. The documentation employees are responsible for supplying, if any.
18.6. Reviews of Plans of Care.
The treatment team shall meet to review progress in implementing the plan of care and to modify it, as necessary, on a monthly basis when a youth stays beyond 30 days. The plan of care shall be a flexible document to which may be added additional problems or objectives, as they become identified in the assessment process. Other problems may be resolved, and objectives discontinued as they become irrelevant or are achieved. A copy of any revisions to the plan shall be sent to the child’s social worker for approval if the social worker is not available for the team meeting. Parents or guardians shall also receive amendments unless clinically or legally contraindicated.
18.7. Planning for Discharge.
The treatment team of the shelter shall begin planning for discharge at admission. When possible, seven days prior to discharge the child, his or her parent or guardian (as appropriate and possible), the child’s social worker (if any) and the treatment team shall meet to develop a discharge plan. Issues to consider in developing the plan are:
18.7.1. Remaining problems to be addressed from the initial problem list and any problems added later during the child’s stay;
18.7.2. Appropriate placement for the child considering issues of safety, permanency, and clinical need;
18.7.3. Recommendations for aftercare including recommended behavioral health and medical services; and
18.7.4. Any other relevant and compelling information or considerations.
W. Va. Code R. § 78-3-19 High-Quality Group Residential Child Care Programs for Vulnerable Children
19.1. Staffing and Training.
19.1.1. In addition to the requirements for employee training prescribed in section 11 of this rule, all employees shall be trained on prudent parenting standards and on interacting with victims of sex trafficking;
19.1.2. The agency shall have, at a minimum, at least one staff member on-site who is authorized to apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally appropriate activities;
19.1.3. The agency shall provide a nationally recognized behavioral health program for known victims of sex trafficking;
19.1.4. Children shall be cared for and supervised at the following levels:
19.1.4.a. A minimum of employee-to-child ratio of 1-to-6 shall be maintained during waking hours when children are on the grounds with a minimum of one employee present per residential living unit at all times when children are present in the living unit;
19.1.4.b. Additional or back-up care employees shall be available for emergency situations or to meet special needs presented by the persons in care; and
19.1.4.c. A minimum employee-to-child ratio of 1-to-12 shall be maintained during sleeping hours with a minimum, of at least one employee per residential living unit to be awake at all times when children are present in the living unit.
19.2. Service Elements.
19.2.1. The organization shall provide sex trafficking prevention programming for all children placed that shall include the following components:
19.2.1.a. Education about sex trafficking (what it is and prevalence);
19.2.1.b. Understanding one’s vulnerabilities and how to protect self from traffickers;
19.2.1.c. Enhancement of existing support system (family, friends, community);
19.2.1.d. Development of support system when one does not exist;
19.2.1.e. Service linkage, as needed, for housing, homelessness prevention, educational support;
19.2.1.f. Runaway prevention programming.
19.2.2. The programming will provide opportunities for children to experience some of the same normalizing experiences as their peers not in foster care.
W. Va. Code R. § 78-3-20 Qualified Residential Treatment Programs
20.1. Accreditation Requirements. A qualified residential treatment facility shall be appropriately accredited as required by federal standards.
20.2. Employee Ratios.
20.2.1. The minimum employee-to-child ratio for a qualified residential treatment program shall be 1-to-4 during waking hours. During nighttime sleeping hours, the ratio shall be 1-to-8. During all hours there shall be capability to increase employee ratio in response to acuity. The ratio shall meet the standard set forth in the agency’s programming description.
20.2.2. The organization shall have registered or licensed nursing staff and other licensed clinical staff who provide care within the scope of their practice as defined by state law who are:
20.2.2.a. On-site according to the treatment model; and
20.2.2.b. Available 24 hours a day, seven days per week.
20.3. Employee Training and Credentials.
20.3.1. In addition to the requirements for employee training prescribed in section 11 of this rule, the organization will ensure all employees are trained on prudent parenting standards;
20.3.2. The organization shall have, at a minimum, at least one staff member on-site who is authorized to apply the reasonable and prudent parent standard to decisions involving the participation of the child in age or developmentally appropriate activities;
20.4. Assessments and Plans of Care.
20.4.1. The organization shall ensure that staff participate as a member of the family and permanency team and multidisciplinary treatment team processes;
20.4.2. Staff shall participate with the family and permanency team in the development of the 30-day assessment by the qualified individual that will satisfy the initial assessment requirements as described in subsection 13.2 of this rule;
20.4.3. Clinical staff shall incorporate the long and short-term goals identified by the qualified individual in the development of initial and master plans of care as described in sections 13 and 14 of this rule; and
20.4.4. Clinical staff shall conduct any other assessments indicated by the child’s medical or psychiatric, or both, needs during development of the plans of care, including the ability to self-medicate with supervision.
20.5. Treatment Services.
20.5.1. The organization shall provide the following services in addition to those described in this rule:
20.5.1.a. Individualized medically necessary services for the population of children they serve;
20.5.1.b. Family engagement activities will be conducted with the child’s family during the treatment process; and
20.5.1.c. At least six months of family-based after-care services after a child’s discharge.
20.6. Planning for Aftercare.
20.6.1. The family and permanency team shall begin planning for discharge during the development of the long and short-term goals.
20.6.2. At least 30 days prior to discharge the child and family permanency team shall meet to develop the plan for after-care services. Issues to consider in developing the plan are:
20.6.2.a. Remaining problems to be addressed;
20.6.2.b. Appropriate placement for the child considering issues of safety, permanency, and any remaining clinical need; and
20.6.2.c. Recommendations for behavioral, medical, or socially necessary services to support the needs of the child and family to prevent re-entry.
W. Va. Code R. § 78-3-21 Program-specific Rules for Maternity and Parenting Facilities
21.1. Maternity Care.
Care to a pregnant or parenting adolescent or transitioning adult includes, but is not limited to:
21.1.1. Appropriate health care and health education;
21.1.2. Education needs specific to the pregnant or parenting youth;
21.1.3. Nutritional guidance and support;
21.1.4. Counseling services specific to making decisions and planning for his or her child;
21.1.5. Parenting educational services; and
21.1.6. Maintenance of an environment conducive to the safety of children (infant through toddler) and pregnant women.
21.2. Appropriate Health Care and Health Education.
21.2.1. The organization shall provide or arrange for health services to the expectant and parenting youth that includes:
21.2.1.a. A written health summary, including family medical history, immunizations, surgical procedures, and childhood illnesses;
21.2.1.b. A general medical examination that will occur at the time of admission, and an obstetrical/gynecological examination for the pregnant youth within the first two weeks of admission or sooner if the youth is considered to be high risk;
21.2.1.c. Thorough medical supervision of the pregnancy, including all needed prenatal care; testing and post-natal care shall be done by an appropriately licensed health care professional with a specialization in women’s health; and
21.2.1.d. Direct provision or referral for services to meet the needs of high-risk pregnancy or high-risk infant care-related issues.
21.2.2. Registered nursing employees with obstetrical/gynecological experience are to be available on the grounds at least 12 hours per day, with 24-hour availability onsite.
21.2.3. The pregnant or parenting youth shall receive ongoing health education with age-appropriate instruction regarding pregnancy prevention, HIV/AIDS prevention, and general information about the prevention and treatment of disease.
21.2.4. The organization shall be located within 15 minutes of a hospital or birthing center that provides maternity care and labor and delivery services.
21.2.5. Standing medical orders for pregnant youth shall be carefully evaluated and shall take into consideration cautions necessary for pregnant youth.
21.2.6. All pregnant or parenting youth shall have access to educational services as appropriate:
21.2.6.a. All pregnant or parenting youth, once assessed, shall participate in some type of educational service such as GED classes, public school, or alternative education;
21.2.6.b. Child care services shall be in close proximity to the education facilities; and
21.2.6.c. Supportive services for child care shall be available to assure that the youth can have necessary study time.
21.3. Nutritional Guidance and Support.
21.3.1. All parenting and pregnant youth will be assessed at a minimum within the first 30 days of admission by a registered dietitian unless dietary problems are indicated at admission.
21.3.2. Ongoing dietary support shall be encouraged through a nutritional education program and if indicated by individual instruction provided by the registered dietitian or registered nurse.
21.3.3. All pregnant and parenting youth shall receive counseling services specific to parenting and alternative choices, on an ongoing basis.
21.3.4. The organization shall have policy and procedures related to the involvement of the putative father of the baby.
21.3.5. Supportive counseling services will be extended to the family of the young woman, the biological father (unless contra-indicated by court order) and the family of the biological father.
21.3.6. The organization shall offer an ongoing parent education program with a curriculum that comprehensively addresses at a minimum, the following topics:
21.3.6.a. Personal growth and maturity;
21.3.6.b. Interpersonal relationships;
21.3.6.c. Early childhood development;
21.3.6.d. Infant stimulation, cognitive development, and bonding/attachment;
21.3.6.e. Safety and accident prevention, including First Aid and CPR;
21.3.6.f. Physical care, nutrition, and health of infants and young children;
21.3.6.g. Signs and symptoms of child abuse and neglect;
21.3.6.h. Time, budget, and household management;
21.3.6.i. Community resources that provide assistance; and
21.3.6.j. Child care use and how to choose providers.
21.3.7. Parenting education may be offered in both a formal and informal setting using classroom instruction, small groups, and individual and experiential teaching methods, based on the needs of the youth.
21.3.8. The organization shall maintain an environment conducive to the safety of a child (infant through toddler) and a pregnant or parenting youth.
21.3.9. The facility shall contain at least one area for routine medical examination, counseling, and treatment for clients. This area shall be private and in adherence with all universal precautions, Occupational Safety and Health Administration (OSHA) standards and best medical practice.
21.3.10. All living areas shall be maintained in good repair and meet the Child Product Safety Commission (CPSC) guidelines.
21.3.11. The exposure of the pregnant teen and infant to cleaning supplies and pesticides should be limited. The organization shall be cognizant of the possible side effects of exposure and limit it accordingly.
21.4. Baby Care.
21.4.1. An organization shall provide a plan of care for babies that includes, but is not limited to the following:
21.4.1.a. Appropriate health care;
21.4.1.b. Appropriate daily care; and
21.4.1.c. Appropriate daily stimulation.
21.4.2. An organization shall also provide:
21.4.2.a. A warm and child friendly environment; and
21.4.2.b. Employees specifically trained to meet the needs of infants through toddlers.
21.4.3. The organization shall document that all babies receive a thorough assessment prior to leaving the hospital or at the time of admission to the organization.
21.4.4. The organization shall assure that all children receive health care according to the Early Periodic Screening, Diagnosis and Treatment Program (EPSDT) standards of care.
21.4.5. The organization shall have policy and procedures to assure that the health and well-being of the child is protected once he or she leaves the hospital.
21.4.6. The organization shall have policy and procedures to assess and treat babies and children who show signs of illness that include but are not limited to diarrhea, vomiting, fever, etc.
21.4.7. If at any time the baby’s mother is unable or refuses to care for her baby, the organization shall have policy and procedures to assure that appropriate interventions are used to secure the health of the child.
21.4.8. Appropriate daily care:
21.4.8.a. The organization shall ensure that all babies have the necessities to meet their basic daily needs.
21.4.8.b. The organization shall ensure the basic needs of the baby are consistently met;
21.4.8.c. All babies under twelve months of age shall have a feeding and diet plan prescribed by the physician.
21.4.9. The organization shall handle breast milk and formula in the following manner:
21.4.9.a. Prepared bottles shall be capped and clearly labeled with the child’s name, contents, and the date prepared;
21.4.9.b. Prepared bottles shall be refrigerated in a separate section of the refrigerator and accessible only to employees;
21.4.9.c. Breast milk shall be stored in containers specific to the purpose;
21.4.9.d. Breast milk or formula when it remains at a temperature higher than forty-one (41) degrees Fahrenheit for more than one hour shall be discarded;
21.4.9.e. Refrigerated breast milk shall be used within 48 hours of receipt, frozen breast milk within two weeks of receipt and deep-frozen breast milk within three months of receipt;
21.4.9.f. Formula bottles shall be used within time frames established by the manufacturer and listed on the package; and
21.4.9.g. A microwave oven is not permitted for the heating of breast milk or formula bottles.
21.4.10. Solid food, including cereals are not to be placed in a bottle unless prescribed by a physician.
21.4.11. Jar baby food is to be served from a bowl and not from the jar.
21.4.12. Until a baby is able to hold a bottle securely, a baby and the bottle shall be held while the baby is being fed. At no time is the bottle to be propped.
21.4.13. All babies shall receive daily stimulation to encourage the emotional, physical, and intellectual development of the child. This includes:
21.4.13.a. Holding, rocking, and playing whenever possible, including while bathing, dressing, and carrying the child;
21.4.13.b. Encouraging positive communications and language development by making eye-to-eye contact with the child, singing, talking, reacting to the child’s sounds, naming objectives, reading stories, and playing musical games;
21.4.13.c. Paying attention to crying and meeting the immediate needs of the child;
21.4.13.d. Ensuring that no child is routinely left in a crib or playpen, except for sleep or rest; and
21.4.13.e. Providing a child who is awake with play equipment and opportunities to play freely on a clean floor.
21.4.14. The organization shall ensure that all products containing potentially hazardous chemicals, including identified poisons, medications, certain cleaning supplies, and art supplies not clearly labeled as “nontoxic”, are inaccessible to all children in a locked cabinet away from food, and when possible, stored in their original containers and never in containers originally designed for food.
21.4.15. The organization shall ensure that all electrical outlets within the reach of a child when not in use are protected by a cover.
21.4.16. The organization shall ensure that when an electrical appliance is used, an adult is present at all times to supervise the use of the appliance.
21.4.17. The organization shall provide a shield to protect a child from hot pipes or radiators and shall not use unvented fuel fire heaters.
21.4.18. The organization shall ensure that barriers and gates are appropriately used.
21.4.18.a. All temporary walls or items being used as physical barriers shall be firmly anchored so that they pose no threat to the safety of the child.
21.4.18.b. Stairways to which the child has access shall have appropriate railing and safety gates or other barriers at the top and at the bottom.
21.4.19. The organization shall ensure that strings, cords and hanging items are of no threat to the children.
21.4.19.a. The drawstring on clothing such as on hoods or collars shall be removed or secured to prevent potential risk to the child.
21.4.19.b. Pacifiers attached to a string or ribbon that is 6 inches or more in length shall not be placed around a child’s neck or affixed to the child’s clothing; and
21.4.19.c. No child is to have access to a string or cord that is 6 inches or more in length and attached to a fixed object, such as a window shade, nor access to any other potentially dangerous hanging item, such as a tablecloth.
21.4.20. The organization shall ensure that there is an outdoor play area appropriate and safe for young children.
21.4.21. The organization shall ensure the safety of the child during transportation. The driver or qualified employee shall ensure that each child three years of age and under is secured in an approved child safety seat.
21.4.22. The organization shall ensure that the overall environment of the children’s area of the facility is clean, pleasant in appearance, well-lighted and conducive to the development of children.
21.5. Employee Training.
21.5.1. The organization shall ensure that all employees are specifically trained to meet the needs of the very young child.
21.5.2. All employees shall be trained within the first 30 days of employment on basic infant care. Prior to completion of the training, the new employees shall be scheduled to work only with fully trained employees.
21.5.3. At a minimum, all employees shall be trained in:
21.5.3.a. Child development;
21.5.3.b. Infant CPR and first aid;
21.5.3.c. Basic child care;
21.5.3.d. Sick baby care; and
21.5.3.e. Parenting skills.
21.6. Children shall be cared for and supervised at the following levels:
21.6.1. A minimum of employee-to-child ratio of 1-to-6 shall be maintained during waking hours when children are on the grounds with a minimum of one employee present per residential living unit at all times when more than one child is present in the living unit;
21.6.2. Additional or back-up care employees shall be available for emergency situations or to meet special needs presented by the persons in care; and
21.6.3. A minimum employee-to-child ratio of 1-to-12 shall be maintained during sleeping hours with a minimum, of at least one employee per residential living unit to be awake at all times when children are present in the living unit.
W. Va. Code R. § 78-3-22 Outdoor Therapeutic Educational Programs
22.1. Employee Ratios.
22.1.1. Employee ratios to children shall be appropriate for the activity in which the group is engaged.
22.1.2. Employee ratios for high risk activities shall be a minimum of four employees to 10 children. (4-to-10).
22.1.3. The employee-to-child ratio for away from main camp on low risk activities shall be a minimum of 3-to-10.
22.1.4. In main camp, the employee ratio shall be a minimum of two employees to 10 children (2-to-10).
22.1.5. Employee ratios for groups away from camp may be adjusted downward for smaller groups; however, safety and the adequacy of supervision shall be a paramount concern.
22.1.6. At night:
22.1.6.a. Under normal weather conditions, each gender shall sleep separately with one counselor assigned to each sex. In cases of extreme weather, sexes may be in the same building or structure but the employees on duty shall functionally separate them;
22.1.6.b. There shall be a minimum of one employee per sleeping group. That employee may be sleeping when the group is in the main camp or in the field. When the group is in the main camp, at least one employee shall be awake and monitoring children at all times. The organization shall have a policy regarding employee ratios to ensure the safety and security of children at night when away from the main camp.
22.2. Credentials of Employees.
22.2.1. Direct care employees shall have a minimum of a high school diploma or GED and skills, certifications, and abilities unique to the environment, such as residential child care experience, search and rescue certification, wilderness survival skills, camping skills, etc. Direct care employees shall be responsible for group supervision and monitoring on a day to day basis, including teaching basic living skills, role modeling effective individual and group problem-solving skills and anger management, and completing daily documentation as required.
22.2.2. Individuals providing counseling service must meet the DHHR Bureau for Medical Service’s policy on clinical supervision or have the credentials to perform counseling services.
22.2.3. Teachers certified to teach by the state of West Virginia shall be responsible for the oversight and supervision of the educational program of the organization. The organization shall have at least one teacher.
22.3. Employee Training.
22.3.1. All employees responsible for the direct care of children shall be trained in the following areas in addition to those cited in section 11 of this rule:
22.3.1.a. Water procurement, preparation, and conservation;
22.3.1.b. Shelter construction;
22.3.1.c. Food preparation and storage in the field;
22.3.1.d. Fire site preparation and fire building;
22.3.1.e. Low-impact wilderness expedition and environmental conservation skills and procedures;
22.3.1.f. Sanitation procedures related to food, water, and waste;
22.3.1.g. Management of health issues unique to the outdoor therapeutic educational program environment including acclimation to the environment and environmental elements;
22.3.1.h. Basic training in rescue and water safety for those employees responsible for water activities. A minimum of one adult so trained shall be present at all times at all water activities;
22.3.1.i. Navigation skills including map and compass use and contour navigation;
22.3.1.j. Local environmental precautions including sensitivity to terrain, weather, insects, poisonous plants, wildlife, and the proper response to adverse situations involving any of these factors; and
22.3.1.k. Management of the health and safety of the group in severe weather conditions including a possible evacuation plan.
22.3.2. All new employees shall be accompanied at all times by experienced employees during the first month of employment in the field and until all required trainings have been completed, whichever is later.
22.4. Service Elements.
22.4.1. The organization shall have an on grounds educational program that is of sufficient quality to allow students to transfer educational credits to their County of origin. A teacher certified to teach in the state of West Virginia shall be coordinating and providing oversight to the educational program. Whenever possible, the educational program shall be accredited by an appropriate educational accreditation body.
22.4.2. The organization shall have complete policies and procedures to guarantee child safety in any off grounds activity, including but not limited to:
22.4.2.a. Backpacking;
22.4.2.b. Hiking;
22.4.2.c. Tent building and other construction;
22.4.2.d. Ropes courses;
22.4.2.e. Van trips;
22.4.2.f. Off property outings;
22.4.2.g. Canoe trips or white-water rafting;
22.4.2.h. Swimming or wading;
22.4.2.i. Mountain biking;
22.4.2.j. Skiing;
22.4.2.k. Soloing; and
22.4.2.l. Rock climbing.
22.4.3. The policy shall discuss the following:
22.4.3.a. Employee to child ratios for the activity;
22.4.3.b. Employee training and certification prerequisites for participation.
22.4.3.c. Child training prerequisites for participation, including safety training;
22.4.3.d. Special equipment or provisions required for the activity including safety equipment such as life jackets, safety ropes, helmets, etc., and food, water, etc. as necessary and appropriate;
22.4.3.e. Evacuation plans if they should become necessary during an activity;
22.4.3.f. Safety plans unique to the activity (e.g., backpacking weights, rope safety and monitoring, etc.); and
22.4.3.g. The documentation necessary for the activity.
22.4.4. All policies and procedures shall be in conformity with nationally accepted standards for the activity if they are available. If employee certification or training is available in the activity, at least one employee present during the activity shall be trained or certified. During water activities, at least one employee shall be fully certified in water safety and lifesaving.
22.4.5. If the organization contracts with an independent provider to guide or supervise the activities, the contractor shall be appropriately certified if a certification is available.
22.4.6. General safety considerations:
22.4.6.a. Personal gear supplied to children shall be appropriate in size, amount and protectiveness for the child and the expected weather;
22.4.6.b. No child shall be expected to pack more than 30percent of his or her body weight at any time and special health considerations shall be taken into account if they are necessary;
22.4.6.c. Adequate food and water shall be available to employees and children at all times in all activities;
22.4.6.d. Equipment shall be regularly inspected as a matter of policy by the safety committee or its designee for signs of wear or damage and the inspections shall be documented and monitored;
22.4.6.e. Prior to any water activity, the swimming ability of all children and employees shall be evaluated and documented by an appropriately trained employee person. The organization shall document that adequate arrangements for protection of non-swimmers have been made on each activity;
22.4.6.f. Soloing activities shall only be conducted with the written consent of a licensed mental health clinician who has personally evaluated the child within 24 hours prior to the onset of the solo activity. At all times, employees shall be in earshot of a distress call if it is necessary and shall conduct random face to face checks of the status and condition of the child on intervals not to exceed six hours; and
22.4.6.g. The organization shall have a policy to ensure safety and security of children who are acutely disturbed or suicidal, or both.
22.5. Abrogation of Client Rights.
While items of clothing may not be withheld as a punishment, children may be prevented from access to certain items of clothing (such as belts) as a safety measure. The criterion shall be whether the potential safety created by the restriction outweighs the harm of the restriction. The organization shall have a written policy regarding restriction of access to articles of clothing, approved by the governing body.
22.6. Environmental Issues.
22.6.1. The environment of an outdoor therapeutic educational program is by definition limited in its handicapped accessibility. The organization shall have an admissions policy that clearly describes its degree of accessibility to clients with physical handicaps. The organization shall make a reasonable effort to enable family members with physical handicaps to access children, family therapy interventions and program sites.
22.6.2. Outdoor therapeutic education facilities are generally considered to be inappropriate for serving children with serious physical handicaps; however, the organization is responsible for finding a method of incorporating family members with physical handicaps to a maximum degree into the therapeutic process.
22.6.3. The organization shall have policies pertaining to the following with reference to any activities conducted away from the main campus or building:
22.6.3.a. Unique adaptations to dietary requirements as appropriate;
22.6.3.b. Sanitation and infection control;
22.6.3.c. Waste management;
22.6.3.d. Food storage and handling;
22.6.3.e. Maintenance of safe body temperature;
22.6.3.f. Clothing and footwear;
22.6.3.g. Field equipment;
22.6.3.h. Communication with the main campus or management on an on-going and emergency basis;
22.6.3.i. Medication storage and security away from camp;
22.6.3.j. Disaster and severe weather plan including procedures for evacuation; and
22.6.3.k. Procedures to follow for runaways and elopements.
W. Va. Code R. § 78-3-23 Intermediate Care Facilities for the Intellectually Disabled or Developmentally Disabled
23.1. Compliance.
Intermediate care facilities for children with intellectual disabilities and developmental disabilities shall comply with the federal Conditions of Participation (42 C.F.R. § 440.150 et seq. and § 483.410 through 483.480) except where state licensing standards are more stringent and apply.
23.2. An intermediate care facility for the intellectually disabled or developmentally disabled may accept a 17-year old into an adult group home under the following conditions:
23.2.1. The average age, developmental levels and social needs of the adult residents in the home is approximately that of the child unless the prospective child and the other adult residents of the home have developmental disabilities that are severe or profound or the adult residents are non-ambulatory, nonverbal or have multiple physical handicaps;
23.2.2. The home has arranged educational programming for the child that is as normative as possible;
23.2.3. The child has a reasonable ability to participate in age-appropriate community activities;
23.2.4. The placement is developmentally consistent with other adult residents of the home; and
23.2.5. None of the adult residents of the home have a history of sexual predation.
23.3. Restrictive behavior management techniques shall conform to federal guidelines for intermediate care facilities for the intellectually disabled or developmentally disabled.
W. Va. Code R. § 78-3-24 Psychiatric Residential Treatment Facility. 24.1 Compliance
A psychiatric residential treatment facility for persons under 21 is a freestanding or physically distinct part of a psychiatric inpatient organization that provides services and treatment to children who do not need acute care but require intensive and coordinated services in a residential setting in a manner consistent with federal requirements. A psychiatric residential treatment facility provides a continually, medically supervised interdisciplinary program of behavioral health treatment.
24.2. Accreditation Requirements.
A psychiatric residential treatment facility shall be appropriately accredited as required by federal standards. Where differing accreditation, certification or licensing standards exist, the more stringent standard applies.
24.3. Employee Ratios.
24.3.1. The average employee-to-patient ratio for a psychiatric residential treatment facility shall be 1-to-4 during day and evening hours (one employee whose primary responsibility is providing direct care for every four children during the day and evening). During nighttime sleeping hours, the ratio shall be 1-to-8. During all hours there shall be capability to increase employee-to-patient ratio in response to acuity, extending to the provision of 1-to-1 care when necessary. Employees assigned to work a defined unit and providing care to the children on that unit including nursing, teachers, and activity therapists may be included in the employee-to-client ratio. Employees assigned to supervisory duties or whose duties cause them to be away from the unit (nursing supervisor) may not be included in the count.
24.3.2. The nursing coverage shall include a registered nurse during day and evening shifts with, at minimum, a licensed, practical nurse overnight.
24.3.3. There shall be a supervisor present on all shifts and employees shall have access to other administrative employees at all times.
24.4. Employee Training and Credentials.
24.4.1. All direct care employees shall have a minimum of a high school diploma or GED and professional employees shall have appropriate education and certification consistent with professional licensing standards.
24.4.2. In addition to the requirements for employee training prescribed in section 11 of this rule, direct care employees shall receive refresher training in emergency safety interventions twice a year that shall include both didactic and experiential activities.
24.5. Treatment Services.
The residential treatment facility shall provide the following clinical services:
24.5.1. A physician shall be available 24 hours a day, seven days a week to respond to medical and psychiatric emergencies;
24.5.2. A physician licensed in the state of West Virginia and board certified in psychiatry shall perform observation and assessment at least weekly; and
24.5.3. Routine assessments shall be performed by the physician to effectively coordinate all treatment, manage medication trials or adjustments, or both, minimize serious side effects, and provide medical management of all psychiatric and medical problems.
24.6. Assessments.
24.6.1. A comprehensive assessment process shall include evaluation of:
24.6.1.a. Psychiatric health;
24.6.1.b. Physical health;
24.6.1.c. Ability to self-medicate with supervision;
24.6.1.d. Psychosocial history;
24.6.1.e. Recreational activities;
24.6.1.f. Spiritual and cultural preferences and interests;
24.6.1.g. Behavioral and adaptive living skills, both strengths and deficits; and
24.6.1.h. Educational functioning.
24.6.2. An additional diagnostic assessment shall be provided as needed, either onsite or by using community providers.
24.6.3. All required clinical assessments shall be completed prior to the development of the plan of care. Assessments conducted within 30 days prior to admission by qualified professionals may be used if reviewed and approved for treatment planning by the responsible psychiatrist and Interdisciplinary Treatment Team.
24.6.4. A psychiatric evaluation shall be completed within 24 hours of admission and shall include:
24.6.4.a. The reason for admission;
24.6.4.b. The current clinical presentation;
24.6.4.c. Psychosocial stressors related to the recent illness;
24.6.4.d. A current or potential risk to self or others;
24.6.4.e. A history of the present illness;
24.6.4.f. A past psychiatric history;
24.6.4.g. A developmental assessment;
24.6.4.h. The presence or absence of physical disorders or conditions affecting the presenting problem;
24.6.4.i. An alcohol or drug history; and
24.6.4.j. A mental status examination.
24.6.5. A diagnosis on all five axes shall be given, based on the current version of the Diagnostic and Statistical Manual of Mental Disorders (DSM).
24.6.6. A physical health examination shall be provided within 24 hours of admission.
24.6.7. A Registered Nurse practitioner shall provide a health assessment within 24 hours of admission. The assessment shall document:
24.6.7.a. A general history of the patient’s and family’s health;
24.6.7.b. The patient’s current medications;
24.6.7.c. Allergies;
24.6.7.d. Pertinent medical problems requiring nursing attention;
24.6.7.e. Current risk and safety factors;
24.6.7.f. Nutritional status;
24.6.7.g. Immunization status; and
24.6.7.h. Sleep patterns.
24.7. Plan of Care.
24.7.1. A preliminary plan of care shall be developed within 72 hours of admission.
24.7.2. The interdisciplinary team shall have 30 days to complete all assessments while providing any immediately necessary psychiatric and therapeutic treatment. Prior to the end of the 30-day period or when all initial assessments are completed, whichever comes first, the team shall complete a plan of care.
24.7.3. The plan of care shall be reviewed by the interdisciplinary team for effectiveness and shall be revised when major changes in treatment occur, or at least every 30 days.
24.8. Transfer Agreement.
The organization shall have a written transfer agreement with one or more hospitals that ensures that an individual can be transferred to an appropriate setting in a timely manner when transfer is necessary for more intensive psychiatric care or for emergency or specialized medical care.
24.9. Transitioning Adults.
The psychiatric residential treatment facility may serve individuals aged 18 to 21 so long as the transitioning adult is court ordered, voluntary or committed under the requirements of Chapter 27 of the West Virginia Code.
24.10. Restrictive Behavior Management.
Restrictive Behavior Management techniques shall conform to all federal guidelines for psychiatric residential treatment facilities.
W. Va. Code R. § 78-3-25 Therapeutic Residential School
25.1. Employee Ratios and Training.
25.1.1. Employees, for the purposes of this section, is defined as those individuals who are:
25.1.1.a. Fully oriented and trained according to organizational policy; and
25.1.1.b. Have job responsibilities that pertain only to the provision of child care, treatment and supervision.
25.1.2. The therapeutic residential school shall have a policy regarding care and supervision of children that ensures that:
25.1.2.a. Children receive adequate supervision for their age, developmental functioning, and emotional and behavioral needs; and
25.1.2.b. The care plan as developed by the interdisciplinary team is implemented as written for each child.
25.1.3. Children shall be cared for and supervised at the following levels, with clinically justified modifications when house parents are employed:
25.1.3.a. A minimum employee-to-child ratio of 1-to-10 during the waking hours when children are on the grounds with a minimum of one employee present per residential living unit at all times;
25.1.3.b. The availability of additional or back-up care employees for emergency situations or to meet special needs presented by the child; and
25.1.3.c. An employee-to-child ratio of 1-to-12 during sleeping hours with a minimum of at least one employee per residential living unit to be awake at all times.
25.1.4. The organization shall have a policy regarding supervision of children in off-grounds activities that shall ensure that children are adequately supervised at all times.
25.1.5. As appropriate to the ages and needs of children in care, the organization shall ensure that one of more trained professional employees are on duty or available via an on-call system on a 24-hour basis to provide continuous supervision to each residential living unit within a residential program.
25.1.6. The organization that uses a house parent model shall have a policy that ensures the safety and supervision of children at night.
25.2. Environmental Issues.
25.2.1. To the maximum extent possible, the organization providing therapeutic residential school services shall be non-institutional in appearance and practices. Each child or transitioning adult shall be permitted to have personal space, personal possessions, and a place to store those possessions unless clinically contraindicated. Each child is expected to assume some responsibility for an aspect of facility maintenance (cleaning, cooking, etc.) on an ongoing basis.
25.2.2. Group therapeutic and residential living activities should be conducted in an appropriately sized group format, taking into consideration best practice standards for the sex, developmental status, and diagnosis of the children.
25.2.3. Children shall have clearly identifiable schedules and activities, individualized for their strengths and needs. Each child shall have a unique schedule that identifies therapy times, chore or work assignments, school hours, and other activities.
25.2.4. Employees shall be available in sufficient quantity and with appropriate credentials to address the needs of the child as identified by the assessment and interdisciplinary team process.
25.2.5. The residential therapeutic school that permits pets shall follow written procedures that address their availability, care, feeding, and maintenance that includes at a minimum, a veterinary evaluation and vaccinations as recommended by the veterinarian in writing.
25.2.6. Service elements unique to the population:
25.2.6.a. If the organization permits children to operate vehicles while in placement, it shall do so under the following conditions:
25.2.6.a.1. The child has a valid West Virginia driver’s license or permit;
25.2.6.a.2. The child’s vehicle, if any, is appropriately licensed and insured; and
25.2.6.a.3. The child receives permission in writing from his or her parent or guardian, as appropriate.
25.2.6.b. The organization shall have a written plan of basic daily routines that shall be available to all employees and updated regularly.
25.2.6.b.1. Children shall participate in planning daily routines.
25.2.6.b.2. Children shall have set routines for waking and going to bed.
25.2.6.c. The organization shall encourage and arrange for children to participate in community, school functions and recreational activities on an individual basis.
W. Va. Code R. § 78-3-26 Vulnerable and Transitioning Youth Group Homes and Programs without Behavioral Health Treatment
26.1. Vulnerable and transitioning youth group homes and programs shall be exempt from the following provisions under this licensing rule: subdivision 12.9.4. (Interior Space Minimum Requirement for Youth Transitioning Private Living Spaces), paragraph 12.9.16.d. (Kitchen Sinks Requirement for Youth Transitioning Private Living Spaces), subsection 13.2. (Initial Assessment), subsection 13.3. (Initial Plan of Care), subsection 13.4. (Plan of Care), subsection 13.5. (Review of Plan of Care), subsection 14.14. (Daily Schedules), and subsection 14.16. (Special Services and Populations).
26.2. Vulnerable and transitioning youth group homes and programs shall also be exempt from the requirements in these provisions as they relate to the plan of care: subsection 14.2. (Involvement of Families and Guardians), subsection 14.3. (Behavioral and Therapeutic Interventions), subsection 14.5. (Medication Control and Administration), subsection 14.7. (Case Records), subsection 14.9. (Termination and Discharge), subsection 14.10. (Education Service), and section 15. (Restrictive Behavioral Interventions).
26.3. Vulnerable and transitioning youth group homes and programs shall develop the following programs, procedures or polices, or both, and make them available to employees and residents:
26.3.1. The information and documentation required under this licensing rule;
26.3.2. Practices developed by the organization based upon departmental requirements;
26.3.3. Programming that provides for youth to move between tiers as needed.
26.3.4. Programming that utilizes the following guiding principles:
26.3.4.a. Continued flexibility, innovation, and targeted and tailored services;
26.3.4.b. Positive youth development;
26.3.4.c. Adolescent brain development;
26.3.4.d. Peer-to-peer relationships and role of adults; and,
26.3.4.e. Transparency.
26.3.5. A complete and detailed description of the range of services offered and eligibility requirements for admission;
26.3.6. Description of life skills services that the program provides to youth;
26.3.7. Age requirements for youth with a minimum of age 15 and a maximum of age 21;
26.3.8. Specific, service training to employees providing transitional living services prior to their direct work with youth, including the following:
26.3.8.a. Life skills assessment;
26.3.8.b. Transition plan or futures plan development;
26.3.8.c. Crisis response
26.3.8.d. Advocacy to include training and knowledge of the Free Application for Federal Student Aid (FAFSA);
26.3.8.e. Mentoring;
26.3.8.f. Linkage and referral; and
26.3.8.g. Adolescent brain development.
26.3.9. Programming to provide sex trafficking prevention programming that shall include:
26.3.9.a. Education about sex trafficking including what it is and the prevalence of it;
26.3.9.b. Education about understanding one’s vulnerabilities and how to protect self from traffickers;
26.3.9.c. Education about how to enhance the youth’s existing support system of family, friends, and community;
26.3.9.d. Education about services for housing, homelessness prevention, and educational support; and
26.3.9.e. Education to prevent running away.
26.3.10. Description of the supervision ratio that is adequate to ensure safety and is appropriate for the youth’s age and individual needs;
26.3.11. Additional support services as required for youth as indicated in the youth’s transition plan and the program tier the youth is enrolled;
26.3.12. Initial assessment of a youth’s life skills within 30 days of placement and an assessment of the youth’s progress in acquiring basic living skills at a minimum of once every six months;
26.3.13. Transition plans that addresses each life domain developed within 60 days of placement and reviewed every 90 days;
26.3.14. Assessment of a youth’s health and medical needs and ensures that any youth receives appropriate health screening and services, including medical and dental screening and services;
26.3.15. Training for youth on living wills, credit reports, health care surrogate, and reproductive health;
26.3.16. Procedures to ensure emergency services to youth while in transitional living that include:
26.3.16.a. Access to emergency services by the organization 24 hours a day, seven days a week;
26.3.16.b. A plan developed by the organization for emergency medical care and emergency evacuation;
26.3.16.c. Training by the organization upon placement on how to use the organization's emergency telephone answering system; and
26.3.16.d. An agency employee designated to respond in person to the youth, within an appropriate time frame for the youth’s age and development, of the youth’s call for assistance.
26.3.17. The determination of the appropriateness for living arrangements used for offsite transitional living that includes provisions that ensure:
26.3.17.a. Assistance provided for the youth to find a safe, affordable living arrangement;
26.3.17.b. Assessment that a dwelling complies with the State Fire Code and applicable health, zoning and building codes;
26.3.17.c. Assessment that a dwelling has indoor cooking and bathing facilities.
26.3.18. A process for developing appropriate aftercare or discharge plans for youth that contains a detailed description of the education, counseling and treatment that the child received at the out-of-home placement and it shall also propose a plan for education, counseling and treatment for the child upon the child's discharge. The plan shall also contain a description of any problems the child has, including the source of those problems, and it shall propose a manner for addressing those problems upon discharge. The aftercare or discharge plan will be incorporated into the youth transition plan.
26.3.19. A description of the grievance procedure for expressing and resolving complaints or concerns;
26.3.20. Daily schedules for youth for the following, but is not limited to; free time, community service, job preparation, education, driver’s education, or basic living skills development;
26.3.21. The process on serving youth with developmental disabilities or intellectual disabilities shall ensure that employees are trained to properly provide habilitation services and supervision in the following areas as appropriate for the population served:
26.3.21.a. Feeding;
26.3.21.b. Communication with nonverbal individuals;
26.3.21.c. Use of community recreation options;
26.3.21.d. Management of self-abusive and aggressive behavior;
26.3.21.e. Adaptive living skills;
26.3.21.f. Person first language and attitudes;
26.3.21.g. Therapeutic behavioral supports; and
26.3.21.h. Implementation of normalcy.
26.3.22. The process for serving individuals with developmental disabilities with supportive services to help them fully interact with the community and achieve maximum independence.
26.4. A youth’s case record shall contain:
26.4.1. Written permission from a guardian to be exempted from any medication administration regulation as outlined in the youth’s transition plan and how it will assist the goal of independence, for youth under the age of 18;
26.4.2. Written permission from his or her parents or guardian for a youth under the age of 18 years to enter a scattered site transitional living arrangement;
26.4.3. A written service agreement with a youth entering a transitional living arrangement, and an alternate placement plan for a youth who is unsuccessful in an independent living arrangement;
26.4.4. A written assessment by an agency of a youth life skills prior to placing him or her in a transitional living arrangement or a life skills assessment completed within 30 days of admission;
26.4.5. Development or revision of a youth’s transition plan within 60 days of admission, with follow-up reviews of the transition plan every 90 days; and
26.4.6. A monthly budget for each youth that outlines income, savings, and expenditures.
Series 05 Social Services
W. Va. Code R. § 78-5-1 General
1.1. Scope. -- The Social Services Manual contains policy and procedures to be followed in the administration of adoption services, adult family care services, chore services, crisis intervention services, day care services for children, emergency shelter care services for adults, emergency shelter care services for children, family planning social services, foster care services for children, home care services, institutional planning and aftercare services, nursing home social services, personal care home services, protective services for children, single and adolescent parent services, social support services and youth services.
1.2. Authority. -- W. Va. Code ''9-1, 9-6, 49-1, 2, 3, 5, 6 and 7
1.3. Filing Date. -- October 1, 1985.
1.4. Effective Date. -- July 1, 1986.
W. Va. Code R. § 78-5-2 Incorporation by Reference
The Social Services Manual is hereby incorporated by reference as a legislative rule. This document is available from the Secretary of State's Office or the West Virginia Department of Human Services.
78CSR5
Series 07 Incorporation Of The Work And Training Program Handbook Manual
W. Va. Code R. § 78-7-1 General
1.1. Scope. -- The Work and Training Program Handbook provides the policies and procedures for the administration of the Job Opportunities and Basic Skills Training (JOBS) Program and the Food Stamp Employment and Training Program.
The primary goal of the JOBS Program is to place public assistance recipients into employment to alleviate the need for public assistance benefits. Enrollees can be placed into educational, job readiness, job skills, job search, CWEP, OJT or post-secondary education activities.
Food Stamp Employment and Training is a program whereby certain Food Stamp recipients who are unemployed or underemployed are required to look for employment on their own while they are receiving benefits.
The manual outlines policies and procedures to work with recipients in these programs.
1.2. Authority and Related Code Citations. -- Authority to administer the JOBS Program is granted by the Family Support Act of 1988 (P.L. 100-485). The Food Stamp Employment and Training Program is authorized by the Food Secruity Act of 1985 (P.L. 99-198). Regulations for JOBS is in 45 CFR, while the Food Stamp regulations are in 7 CFR.
1.3. Filing Date. -- November 17, 1995.
1.4. Effective Date. -- November 17, 1995.
1.5. Repeal and Replace -- This rule repeals and replaces the Bureau for Children and Families Chapter 9-2, Series 7, Incorporation of the Work and Training Program Handbook Manual effective April 10, 1995.
W. Va. Code R. § 78-7-2 Incorporation by Reference
The Work and Training Handbook is hereby incorporated by reference as a legislative rule. This document is available from the Secretary of State's Office or the West Virginia Bureau for Children and Families..
78CSR7
Series 10 Incorporation Of West Virginia State Plan For Title XIX, Medicaid
W. Va. Code R. § 78-10-1 General
1.1. Scope. -- The state plan establishes requirements for the designation, organization, and general administrative activities of a state agency responsible for operating the State Medicaid program, and the conditions under which federal funds are available for expenditures related to the provision of Medicaid services.
1.2. Authority. -- W. Va. Code 42 CFR Subchapter C - Medical Assistance Programs
1.3. Filing Date. -- October 1, 1985
1.4. Effective Date. -- October 1, 1985
W. Va. Code R. § 78-10-2 Incorporation by Reference
The West Virginia State Plan for Medicaid is hereby incorporated reference as a legislative rule. This document is available from the Secretary of State's Office or West Virginia Department of Human Services.
78CSR10
Series 15 Tel-Assistance Program
W. Va. Code R. § 78-15-1 General
1.1. Scope. -- This Legislative rule establishes the procedures under which the West Virginia Department of Health and Human Resources shall operate the Tel-Assistance Program pursuant to the provisions of W. Va. Code §24-2C-4 and 47 USC 254. Related information is found in Chapter 19.8 of the Department’s West Virginia Income Maintenance Manual. The West Virginia Code is available in public libraries and on the Legislature’s web page: http://www.legis.state.wv.us/. The United States Code is available in public libraries and on Congress’ web page: http://www.thomas.loc.gov.
1.2. Authority. -- W. Va. Code §24-2C-4.
1.3. Filing Date. -- April 4, 2003.
1.4. Effective Date. -- July 1, 2003.
1.5. Repeal and Replacement of Former Rule. This legislative rule repeals and replaces “Operating Rules and Regulations for the West Virginia Department of Human Services Tel-Assistance Program,” 78CSR15, effective July 28, 1986.
W. Va. Code R. § 78-15-2 Purpose
2.1. The Tel-Assistance Program allows qualified low-income persons to request and receive basic local telephone service at a rate lower than the standard telephone service rate.
W. Va. Code R. § 78-15-3 Definitions
3.1. Department. -- The West Virginia Department of Health and Human Resources.
3.2. Disabled. -- The inability to do any substantial gainful activity by reason of any medically determined physical or mental impairment that can be expected to last for a continuous period of not less than thirty (30) days.
W. Va. Code R. § 78-15-4 Responsibilities of the Department
4.1. The Department is responsible for determining eligibility of applicants for Tel-Assistance on an initial and continuing basis and communicating the determinations of eligibility to the participating telephone companies and the Public Service Commission.
W. Va. Code R. § 78-15-5 Eligibility Requirements
5.1. An individual is eligible for Tel-Assistance if he or she meets the criteria set forth in W. Va. Code §24-2C-1 et seq.
W. Va. Code R. § 78-15-6 Determination and Communication of Eligibility
6.1. In order to allow the Department to make a determination as to eligibility, the participating telephone companies shall provide the Department with the names and social security numbers of applicants for Tel-Assistance.
6.2. The Department shall routinely communicate eligibility determinations to telephone companies that request the eligibility determinations.
6.3. The Department shall annually provide the participating telephone companies with the birth date and basis for eligibility for individuals receiving Tel-Assistance. Unless the participating telephone companies obtain this information lawfully through other means and without an obligation to maintain its confidentiality, the participating telephone companies shall not use or disclose this information for any purpose other than the administration of Tel-Assistance. The administration of the program may include reporting by the participating telephone companies of eligibility information on an aggregate, non-individual basis to the Public Service Commission or its staff.
W. Va. Code R. § 78-15-7 Notification of Eligibility
7.1. Participating telephone companies shall notify applicants of their Tel-Assistance eligibility and benefits.
W. Va. Code R. § 78-15-8 Questions of Eligibility
8.1. Participating telephone companies shall answer all questions of eligibility regarding the receipt of Tel-Assistance benefits.
8.2. All other responsibilities related to the implementation of the Tel-Assistance Program shall be handled by the participating telephone companies and by the Public Service Commission as prescribed in W. Va. Code §24-2C-1 et seq.
78CSR15
78CSR15
Series 18 Family Child Care Facility Licensing
W. Va. Code R. § 78-18-1 General
1.1. Scope -- The purpose of this legislative rule is to establish minimum standards of acceptable care, protection, and supervision for children in family child care facilities and to provide a uniform standard of enforcement statewide for the licensure of family child care facilities. The rule is intended to promote the health, safety, and well-being of children placed in family child care facilities and to enhance their growth and development.
1.2. Authority -- W. Va. Code §49-2-121.
1.3. Filing Date -- March 30, 2023
1.4. Effective Date -- April 1, 2023
1.5. Sunset Provision -- This rule shall terminate and have no further force or effect on August 1, 2028.
1.6. Purpose -- This rule governs the regulation of family child care facilities in West Virginia.
W. Va. Code R. § 78-18-2 Application and Enforcement
2.1. Application -- This rule applies to any family child care facility that operates in West Virginia.
2.2. Enforcement -- This rule is enforced by the Secretary of the Department of Health and Human Resources.
W. Va. Code R. § 78-18-3 Definitions
3.1. Approved Training -- Instruction or training approved by the Secretary or provided by a trainer approved or sponsored through the West Virginia State Training and Registry System (STARS).
3.2. Child Abuse and Neglect -- Personal injury, mental or emotional injury, sexual abuse, sexual exploitation, the sale or attempted sale or negligent treatment, or maltreatment of a child by a parent responsible for the child’s welfare.
3.3. Child Care Setting -- Any regulated setting providing child care services to children, typically between 6 weeks through 12 years of age to include relative and informal child care homes, family child care homes, family child care facilities, child care centers and Out-of-School Time programs.
3.4. Core Knowledge/Core Competencies of Early Childhood Educators -- Skills and knowledge that represent common standards of practice in the early childhood field in areas including child development; health, safety, and nutrition; positive interactions and relationships; curriculum; child observation and assessment; family and community; program management; and professionalism.
3.5. Criminal History Background Check -- A review of information pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., and 60CSR10, and an examination of protective service records to determine eligibility for employment or participation under this rule.
3.6. Disinfect -- Eliminate most germs from a contact surface through the use of heat or chemical disinfectants, such as the bleach solution listed in Appendix 78-18-A of this rule.
3.7. Family Child Care Facility Operator -- A person designated as responsible for the ongoing daily operations of the family child care facility. This person may be the owner of the facility or an employee of the owner.
3.8. Field Trip. -- an excursion or outing to a destination that is a location other than the family child care facility or from the site where program activities regularly occur.
3.9. Infant -- A child less than 12 months of age.
3.10. Level I Water Activity. -- Any activity occurring in or near water 18 inches deep or less.
3.11. Level II Water Activity. -- Any activity occurring in or near water with a depth of more than 18 inches.
3.12. Parent -- A parent by blood, marriage, or adoption, or a legal guardian or other person standing in loco parentis.
3.13. Plan of Correction -- A written agreement completed by the Department and the family day care facility operator and/or owner in response to deficiencies identified by the Department as the result of an inspection and/or the investigation of a complaint. The plan of correction shall describe the steps the operator shall take to correct the deficiencies. The Secretary shall review and accept the plan prior to its implementation.
3.14. Pre-service Training – Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre-Service training modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDs), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance).
3.15. Pre-Schooler -- A child between the ages of two and four years of age.
3.16. Revocation -- The termination of a licensure when a family child care facility fails to maintain the minimum requirements established by the Department under this rule.
3.17. School-Age Child -- A child aged five years to 13 years of age.
3.18. Self-disclosure Application and Consent Form -- A signed declaration of criminal convictions, indictments, and authorization to allow a criminal history background check.
3.19. Serious Communicable Diseases or Conditions -- Include, but are not limited to measles, mumps, rubella, chicken pox, strep or streptococcal infections, hepatitis, impetigo, infestations of lice or scabies, diarrhea and/or vomiting, pertussis, tuberculosis, conjunctivitis, and pneumonia.
3.20. Serious Injury. -- An injury sustained while in care to the extent that the child requires medical care beyond immediate first aid.
3.21. Significant Developmental Delay -- A delay of at least 25 percent in one or more areas of development, or a six-month delay in two or more areas as determined by an early intervention program, special education program, or other multi-disciplinary team.
3.22. Substitute -- An individual who cares for children when the caregiver is absent and is responsible to the facility owner.
3.23. Toddler -- A child between the ages of 12 and 24 months.
3.24. Universal Precautions -- Procedures for infection control, as listed in Appendix 78-18-B of this rule, to use in all situations to prevent the transmission of blood-borne germs that may be spread through blood and body fluids that might contain blood.
W. Va. Code R. § 78-18-4 Certificate of License Procedures
4.1. Application for License.
4.1.a. Any family child care facility that operates in West Virginia shall apply for and obtain a certificate of license from the Secretary before beginning operations and accepting children for care.
4.1.b. A family child care facility shall submit an application for renewal of a current license at least 60 days before expiration of the current certificate of license.
4.1.c. Applications for licensure as a family child care facility shall be made separately for each facility to be licensed.
4.2. General Requirements.
4.2.a. A certificate of license is not transferable to a third party and applies only to a facility and its location as stated in the application for licensure.
4.2.b. If the ownership of a facility changes, the new owner shall submit an application for a certificate of license. The facility shall not operate until a certificate of license has been issued by the Secretary.
4.2.c. The certificate of license shall be publicly displayed.
4.2.d. A family child care facility may be located in the provider’s residence or a separate building.
4.3. Departmental Action on Applications for Certificate of License. Within 60 days of receipt of an application, the Secretary shall provide a written decision to the family child care facility that does one of the following:
4.3.a. Issues an initial six-month license to an applicant establishing a new service found to be in compliance on initial review with regard to policy, procedure, risk management, human resources, service environment, and record-keeping rules;
4.3.b. Issues a regular certificate of license to a facility that complies with the provisions of the West Virginia Code §49-2-101 and the requirements of this rule. A regular license is valid for a period of up to two years from the date of issuance unless revoked or modified to a provisional status;
4.3.c. Issues a provisional certificate of license to a facility that is not in compliance with the provisions of this rule, if operation does not pose a significant risk to the rights, well-being, health, and safety of children. A provisional license expires no more than six months from the date of issuance and may not be reissued unless the recommendation is that of the State Fire Marshal; or
4.3.d. Denies the application for license if the facility does not substantially comply with the requirements of this rule.
4.4. Terms and Conditions of Licensure.
4.4.a. The Department shall inspect every certified family child care facility prior to issuing a certificate of license to determine compliance with this rule.
4.4.b. The Secretary shall have immediate and open access to the premises of a facility and to all aspects of a facility’s operation, including personnel, children in care, household members, and records of each facility, including, but not limited to, case records on children and personnel, corporate, and financial records. Inspections may be made with or without prior notice as a condition of licensure.
4.4.c. Applicants shall maintain compliance with applicable rules of the Bureau for Public Health, and the State Fire Marshall, and the Department of Agricultural Pest Management at all times.
4.4.d. Prior to implementing any significant change in its program that was not included in its initial application for a certificate of license, a facility shall submit an application for an amendment to its certificate of license.
4.5. Limitations on a Certificate of License.
4.5.a. The Secretary may place limitations on a certificate of license based on findings of:
4.5.a.1. Insufficient space in the facility;
4.5.a.2. Inadequate sleeping areas;
4.5.a.3. The provision of other home-based services such as foster care and adult family care; or
4.5.a.4. Non-compliance issues that require a plan of correction approved by the Secretary.
4.5.b. Limitations may apply to:
4.5.b.1. The age, sex, and type of problems of the children in care;
4.5.b.2. The intake of additional children; or
4.5.b.3. The total number of children in the home.
4.6. Waivers and Variances.
4.6.a. A family child care facility may request a waiver or variance of any requirement in this rule if:
4.6.a.1. The health, safety, or well-being of children in the home is not adversely affected; and
4.6.a.2. The rule does not prohibit a waiver or variance for the requirement.
4.6.b. The request for waiver or variance shall be in writing, addressed to the Secretary, and shall include the following information:
4.6.b.1. The specific requirement to be waived or varied;
4.6.b.2. The reasons for seeking a waiver and why a specific requirement should not be applied in a particular circumstance; and
4.6.b.3. The reasons for seeking a variance and how compliance with a specific requirement of this rule can be accomplished in a manner different from that set forth in W. Va. Code §49-2-101 or in this rule.
4.7. Closure of a Family Child Care Facility.
4.7.a. The Secretary may deny, refuse to renew, or revoke a license if the facility materially violates any provisions of W. Va. Code §49-2-101, violates any terms or conditions of the certificate of license, or fails to maintain established requirements of child care.
4.7.b. If the Secretary finds that the operation of a family child care facility constitutes an immediate danger of serious harm to children served by the facility, the Secretary shall issue an order of closure terminating the operation of the facility.
4.7.c. A facility ordered closed by the Secretary may not operate pending administrative or judicial review without a court order.
4.7.d. The pendency of administrative or judicial review shall not prevent the Secretary from obtaining injunctive relief pursuant to W. Va. Code §49-2-120.
W. Va. Code R. § 78-18-5 Inspection and Investigation
5.1. Before issuing a certificate of license, the Secretary shall investigate the facility, its proposed program, and any persons responsible for the custody and care of children placed in that facility. This investigation shall include, but not be limited to, the following:
5.1.a. An evaluation of a facility’s proposed services and the facility’s ability to maintain compliance with this rule; and
5.1.b. A review of information including criminal history background checks, medical records, character and financial resources of the applicant, owners, employees, and other household members.
5.2. A facility shall cooperate in the investigation of complaints against the facility including submission of items such as health or psychological examinations, and other third-party verifications.
W. Va. Code R. § 78-18-6 Administration of the Family Child Care Facility
6.1. The operator and/or owner of a family child care facility shall administer the facility in a manner that complies with all of the requirements established for this category of care and all applicable Federal and State laws, ordinances, rules, and regulations.
6.2. In addition to the certificate of license, the operator shall display the following items in a prominent place for review by parents and staff:
6.2.a. Current menus for all meals and snacks served by the facility;
6.2.b. An emergency exit plan and a record of the required monthly fire drills for the past 12 months;
6.2.c. A copy of the “Family Child Care Facility Licensing Requirements” for use by staff and parents;
6.2.d. A daily activity schedule, including field trips; and
6.2.e. The most recent inspection reports from the State Fire Marshal and the Bureau for Public Health as required by this rule.
6.3. A facility shall obtain information about the child’s developmental history, personal characteristics, and special needs.
6.4. A facility shall maintain confidential records on the children that include the following information:
6.4.a. The child’s full name, address, telephone number, birth date, and date of enrollment;
6.4.b. Emergency contact information which shall be updated when information changes and shall include:
6.4.b.1. Home and work addresses and telephone numbers of the parents;
6.4.b.2. The names, addresses, and telephone numbers of any persons authorized to pick up the child;
6.4.b.3. The name of the child’s physician or other health care provider; and
6.4.b.4. The names of emergency contact persons;
6.4.c. Health insurance coverage and policy number for the child; 6.4.d Written authorization signed by the parents for emergency medical treatment transportation field trips and water activities;
6.4.e. A report of the child’s most recent medical checkup, which shall be supplied by the parents within 30 days of the child’s enrollment. The facility shall provide parents with a West Virginia HealthCheck periodicity chart for child health exams and shall ensure that a child’s health assessment is updated with new or current information at least every two years for the child under the age of six years;
6.4.f. A report of the child’s most recent immunization records which shall be supplied by the parents based on the following guidelines:
6.4.f.1. Immunization records shall be updated every two years and shall be completed based on the schedule recommended by the Department.
6.4.f.2. If immunizations are not current, the facility shall obtain a schedule for completion from the parent for the caregiver’s files. A grace period is permitted for children experiencing homelessness and children in foster care based on the individual circumstances of the child.
6.4.f.3. Exemption from immunization requirements shall be available for parents who provide a signed statement from a child’s health care provider indicating that immunization is contraindicated based on the child’s medical condition;
6.4.g. Daily attendance records which include the name of the provider, the parents’ complete names, sign in/sign out information, and dates and times with the designation a.m. or p.m.;
6.4.h. Written reports of accidents, injuries, or illnesses involving a child while at the facility;
6.4.i. Written consent and instructions signed by parents regarding medications or special dietary needs;
6.4.j. A statement of any special needs of the child including allergies, existing illness or injuries, previous illnesses or injuries, and any medication prescribed for long-term continuous use; and
6.4.k. The names and telephone numbers of schools for all school-aged children.
6.5. Records on all staff including the operator, substitutes, and volunteers, as appropriate, shall include:
6.5.a. The staff person’s name, date of birth, home address, telephone number of an emergency contact, and the date of employment and/or termination;
6.5.b. Documentation of the staff person’s qualifications and education or training attended in relation to early childhood development, past employment, and experience with children and a pre-service training certificate completed prior to hire;
6.5.c. Application forms or materials, if any, including at least two letters of reference.
6.5.d. Evidence of a completed criminal history background check for each individual volunteer, employee, or household member over the age of 18 including:
6.5.d.1. WV CARES self-disclosure application and consent form signed by the individual indicating any past criminal conviction or any pending charges;
6.5.d.2. A variance or waiver if the individual has convictions or pending charges of disqualifying offenses;
6.5.d.3. A fitness determination of eligibility from the WV CARES unit; and
6.5.d.4. An examination of the previous five years of protective services records for the state of West Virginia and any other state the individual has resided in as an adult.
6.5.e. Documentation of required medical examinations that:
6.5.e.1. Includes the results from a tuberculosis risk assessment screening, TB skin test, or chest x-ray;
6.5.e.2. Were completed no more than six months prior to nor more than 30 days after employment.
6.5.e.3. Lists of regular volunteers and household members with documentation of tuberculosis risk assessment screening, TB skin test, or chest x-ray.
6.5.f. The operator shall obtain a medical examination within 30 days of application for a certificate of licensure and upon application for renewal.
6.5.f.1. Medical examination documentation shall indicate that the operator has no physical or mental condition that would negatively impact the provision of child care services.
6.6. A facility shall maintain all records in a confidential manner and shall not provide, release, or make available information from any child’s or employee’s record except to:
6.6.a. Persons authorized by law;
6.6.b. The child or a parent of the child as defined in subsection 3.8 of this rule;
6.6.c. Persons authorized, in writing, by the parents of the child; and
6.6.d. Employees or representatives of the Department.
6.7. The facility shall maintain staffing schedules for up to 12 months to demonstrate that the facility meets staff-to-child ratios.
6.8. The facility shall carry fire and liability insurance as a protection for the children in care. A copy of the current policy shall be maintained on file at the facility.
W. Va. Code R. § 78-18-7 Family Child Care Facility Personnel
7.1. Staffing/Facility Capacity.
7.1.a. A family child care facility shall have two staff members on duty who provide care for and supervision of the children if the facility provides care to more than two children under 24 months of age or more than six children at the same time.
7.1.b. When determining the ratio between staff members and children, a family child care facility shall include all children 12 years of age and under who are present and cared for in the facility, including any child of the director, staff members, and friends of the child.
7.1.c. No operator or staff member shall be used to meet staff-to-child ratios for more than two consecutive eight-hour shifts of care.
7.2. Substitutes.
7.2.a. The facility may use a substitute to allow for staff persons to take vacation or short-term medical leave or to take care of routine appointments. However, use of a substitute shall be limited to no more than 20 days, at eight hours per day, per year, and the facility shall notify parents in advance when use of a substitute is necessary for non-emergency situations. Substitutes shall have approved training in pediatric cardio-pulmonary resuscitation, pre-service training, and receive an orientation from the operator.
7.2.b. A regular substitute caregiver used more frequently than 20 days per year at eight hours per day, shall meet the same qualifications that apply to new staff, including requirements with regard to criminal history background checks.
7.3. Programming of Children’s Activities.
7.3.a. The operator shall provide a planned program of activities geared to the child’s individual needs and developmental levels, which are designed to promote the development of language and thinking skills, large and small muscles, social skills, self-esteem, and positive self-image.
7.3.b. Daily activities shall provide the following:
7.3.b.1. Regularity of such routines as meals and nap periods with flexibility to respond to a child’s individual needs;
7.3.b.2. A balance of active and quiet activities;
7.3.b.3. Individual and group activities;
7.3.b.4. Daily indoor and outdoor activities that make use of large and small muscles;
7.3.b.5. Participation in vigorous outdoor play whenever temperatures are above 40 degrees Fahrenheit and weather conditions permit;
7.3.b.6. Opportunities for children to select individual projects such as creative activities, crafts, games, or homework, and play independently, as well as to do activities that require adult involvement and supervision;
7.3.b.7. Sufficient time to complete activities without long waiting periods between activities or prolonged periods where the children must stand or sit;
7.3.b.8. Varieties of creative activities including arts and crafts, dramatic play, stories, and books and science and building toys; and
7.3.b.9. Opportunities to practice self-help skills such as feeding, dressing, toileting, hand washing, and grooming skills which foster independence in the child.
7.3.c. Age-appropriate books shall be read on a daily basis to children between the ages of six months and five years of age.
7.3.d. School age children shall be provided with opportunities to:
7.3.d.1. Have periods for rest and relaxation;
7.3.d.2. Select individual projects such as homework;
7.3.d.3. Become involved with friends their own age; and
7.3.d.4. Join in group play and community activities.
7.3.e. Television, video games, and video tapes are allowed if the content is designed for and is of benefit to a child and viewing time is limited. Adult programming rated “PG 13,” “R,” and “X” or song lyrics which contain either violent or sexually explicit scenes or language are prohibited.
W. Va. Code R. § 78-18-8 Guidance and Discipline
8.1. Guidance. The facility shall have a written policy on guidance of children which staff shall follow. The policy shall be consistent with the following guidelines:
8.1.a. The staff and parents shall discuss and agree upon positive methods of guidance that encourage a child’s acceptable behavior;
8.1.b. The staff shall use guidance that helps a child understand appropriate behavior and is appropriate to the child’s age;
8.1.c. A facility shall have rules that are fair, consistent, and relevant to the children’s ages; and
8.1.d. Facility staff may use a time-out that is based on the following guidelines. Time-outs shall be used only:
8.1.d.1. As a supplement to positive approaches to discipline;
8.1.d.2. For the purpose of helping children regain control;
8.1.d.3. For brief periods of approximately one minute for each year of a child’s age;
8.1.d.4. After the caregiver has discussed the reason for the time-out with the child in a way that the child can understand; and
8.1.d.5. If children removed from groups remain under visual supervision and are never unattended or placed behind closed doors.
8.2. Discipline.
8.2.a. A caregiver, household member, visitor, or substitute shall not use any of the following harmful forms of discipline:
8.2.a.1. Punishing a child physically including spanking, hitting, kicking, biting, shaking, swatting, thumping, pinching, popping, shoving, spitting, or other cruel treatment;
8.2.a.2. Punishing or threatening a child in association with food, sleep, rest, or toilet training;
8.2.a.3. Putting anything in or on a child’s mouth as punishment;
8.2.a.4. Confining a child in a closet or locked room or using physical restraints for confinement;
8.2.a.5. Using loud, profane, or abusive language or threats of physical punishment;
8.2.a.6. Punishing a child psychologically including public or private humiliation, shaming, and negative remarks about the child or child’s family;
8.2.a.7. Punishing a child emotionally including rejecting, terrorizing, ignoring, or isolating the child; and
8.2.a.8. Allowing a child to discipline other children.
8.2.b. A caregiver shall not seek or accept parental permission to use any punishments or acts prohibited in this rule.
8.2.c. The facility operator shall share the guidance and discipline policy with all parents, caregivers, aides, volunteers, and all individuals residing in or visiting the facility. All of these persons shall agree to abide by its content.
8.2.d. Only adult staff with direct supervisory responsibilities for children may discipline children. No child or other household member shall be delegated or permitted to discipline children in care.
W. Va. Code R. § 78-18-9 Transportation
9.1. When transportation is provided by the facility, staff shall observe the following precautions:
9.1.a. Transport vehicles shall be in safe running condition and have current insurance, an inspection sticker, and a license, according to state law;
9.1.b. Drivers shall be at least 18 years of age and appropriately licensed;
9.1.c. The driver and vehicle shall comply with all applicable motor vehicle laws;
9.1.d. Staff shall not leave any child unattended in a vehicle;
9.1.e. Each child shall be secured in an approved child safety seat or secured with seat belts at a ratio of one child per seat belt as required by W. Va. Code §17C-15-56; and
9.1.f. Staff shall carry children’s emergency consent forms in the vehicle in case of accident or illness.
9.2. Field Trips.
9.2.a. During field trips, staff shall provide direct supervision to all children, regardless of age;
9.2.b. When field trips are scheduled, staff shall notify parents prior to each excursion; and
9.2.c. The facility shall have written permission on file or obtain written permission prior to each field trip.
9.2.d. The facility shall have a written field trip plan that includes:
9.2.d.1. The names of the children, staff members, and any other participants on the field trip;
9.2.d.2. The departure and return times;
9.2.d.3. The means of travel and the routes to be taken;
9.2.d.4. An alternate plan in case of bad weather;
9.2.d.5. The name of the contact person at the facility, if applicable;
9.2.d.6. The name, address, and telephone number, if applicable, of each destination;
9.2.d.7. Relevant safety rules to be followed; and
9.2.d.8. Special emergency procedures.
9.3. Water Activities. 9.3.a For all Level I and Level II water activities, the facility shall:
9.3.a.1. Obtain prior written permission from parents for children to participate;
9.3.a.2. Be physically present at the site of any water play and provide constant, direct supervision of all children;
9.3.a.3. Ensure that an adult swimmer is present for Level II water activities,
9.3.a.4. Ensure that life guards are present when taking children to a swimming area outside of the family child care facility;
9.3.a.5. Provide simple water safety rules to children based on their ages and developmental levels; and
9.3.a.6. Ensure that children who are not toilet trained wear swim diapers during water play of any kind.
9.3.b. Ensure that a second adult is available to supervise when:
9.3.b.1. Some children are not swimming; and
9.3.b.2. More than three children under six years of age are participating in Level II swimming activities.
9.3.c. When a child is participating in a Level I or Level II water activity, except a swimming lesson with a qualified instructor, a facility shall provide direct supervision to all children, regardless of age.
9.3.d. When two or more children 24 months of age and under are participating in a Level I or Level II water activity in a mixed age group, except a swimming lesson with a qualified instructor, the facility shall ensure that at least two staff members are present.
W. Va. Code R. § 78-18-10 Night Time Care
10.1. A facility shall not provide 24 consecutive hours of care for an individual child except for emergency situations such as brief hospitalizations or occasional business trips. Twenty-four-hour care shall not last more than 72 consecutive hours unless approved by the Secretary due to extenuating circumstances.
10.2. A facility that provides overnight care shall continue to meet staff-to-child ratios. If seven or more children are in care, an adult staff member shall remain awake and shall check on sleeping children at least hourly.
10.3. A facility shall serve an evening meal to children in overnight care and shall serve breakfast prior to a child’s leaving for school or other activities unless the parent indicates otherwise.
10.4. The facility shall establish bedtime schedules for children in consultation with the child’s parent.
10.5. The facility shall ask parents to provide children with clean, comfortable, non-flammable or flame retardant sleeping garments, a toothbrush, and a comb or brush. The facility shall label and store personal items separately for each child.
10.6. Staff shall not place mats or sleeping bags directly on the floor for overnight sleeping.
10.7. When bathing a child, staff shall:
10.7.a. Discuss bathing arrangements with the child’s parents;
10.7.b. Provide age-appropriate bathing facilities for children in overnight care;
10.7.c. Supervise a child younger than six years of age while bathing;
10.7.d. Equip bathtubs and showers with safety devices to prevent slipping or falling;
10.7.e. Provide soap, clean water, clean individual wash cloths, and towels for each child; and
10.7.f. Thoroughly clean the tub between each use.
W. Va. Code R. § 78-18-11 Care of Infants and Toddlers
11.1. A facility providing care for children 24 months or age or younger shall have sufficient space for the following:
11.1.a. Separate indoor and outdoor play areas for infants and toddlers away from those used by older children and
11.1.b. A quiet sleeping area with sufficient space to allow at least two feet between infant cribs, portable packs and play yards, beds, or cots
11.2. Staff shall place an infant who is unable to turn over independently on his or her back to sleep unless medical documentation prohibits sleep in that position.
11.3. Staff shall use only a firm crib mattress covered by a sheet for sleep and keep soft objects and loose bedding out of an infant’s sleeping environment.
11.4. Staff shall clothe infants lightly for sleep and keep the sleeping area at a temperature that is comfortable for lightly clothed adults.
11.5. The facility shall provide indoor and outdoor play materials and equipment suitable for staff to use with infants and toddlers. Materials and equipment shall be physically, mentally, emotionally, and socially stimulating for the children. Equipment shall be:
11.5.a. Durable, safe, in good repair, and free of potentially hazardous characteristics such as sharp edges, small objects, and toxic paint; and
11.5.b. Maintained in a sound, sanitary condition.
11.6. The use of jumpers and infant walkers is prohibited
11.7. Effective December 28, 2012, the use of traditional drop side cribs, and any crib manufactured prior to June 28, 2011, is prohibited. Stackable cribs shall not be used. A family child care facility shall:
11.7.a. Only use cribs that comply with the Consumer Product Safety Commission crib standards, and were manufactured after June 28, 2011, and any portable pack and play yards manufactured after February 19, 2014;
11.7.b. Supply separate cribs or portable packs and play yards for infants. Portable packs and play yards shall not be used for infants able to climb; and
11.7.c. Have bars no farther than 2 3/8 inches apart.
11.8. Diapering practices shall comply with the provisions of the Bureau for Public Health’s Child Care Centers Rule, 64 CSR 21.
11.9. Toilet Training.
11.9.a. The operator shall discuss and agree upon toilet training methods with the parent of each child being toilet trained.
11.9.b. Toilet training shall not be initiated until the child is developmentally ready to control toileting functions.
11.9.c. Potty or training chairs shall be provided and shall be disinfected after each use.
11.9.d. No child shall be forced to sit in a training chair for extended periods of time.
11.10. Infant Nutrition and Feeding. Facilities shall:
11.10.a. Hold infants six months of age and younger while bottle feeding. Bottle propping is prohibited;
11.10.b. Hold infants and toddlers with special needs over six months of age while bottle feeding until they are able to hold their own bottles securely;
11.10.c. Refrigerate infant food and formula and feed infants in a sanitary manner;
11.10.d. Discard any unused breast milk within two hours of feeding;
11.10.e. Offer drinking water to infants and toddlers several times daily;
11.10.f. Feed children according to plans of the child’s physician or other health care provider, clinic, or parent;
11.10.g. Clearly mark formula bottles and breast milk with the child’s name; and
11.10.h. Encourage older infants and toddlers to feed themselves with supportive help from staff as needed.
11.11. High chairs shall be provided with safety straps and shall have a wide base to reduce the possibility of tipping.
11.12. The facility and staff shall provide activities for infants and toddlers to stimulate their physical, intellectual, and emotional growth. Activities shall include:
11.12.a. Opportunities to interact with caregivers, siblings, and other children;
11.12.b. Frequent verbal communication and eye-to-eye contact between staff and children;
11.12.c. Opportunities for the child to be held, rocked, played with, and dressed in an unhurried manner;
11.12.d. Opportunities for children to explore and learn on their own in a protected area with the freedom to creep, crawl, toddle, and walk as they are physically able;
11.12.e. Frequent moves of infants who are unable to climb and are awake and alert to different locations. Infants shall not routinely be left in a crib or portable packs and play yard except for rest or sleep. They may be left for short periods of time, however, if they are alert and responsive and provision is made for stimulating activity in the form of mobiles or other safe crib toys;
11.12.f. Use of infant seats, swings, and high chairs when used for periods of less than one hour and only if direct supervision is provided and the infant is content;
11.12.g. Opportunities to play with safe, nontoxic, and age-appropriate toys which are stored in low, open shelves for easy access;
11.12.h. Practice in self-care habits such as washing, dressing, brushing or combing hair, or toileting as the child shows evidence of the ability to do so;
11.12.i. Play with a wide variety of toys;
11.12.j. Opportunities for children to express themselves through conversation and imaginative play; and
11.12.k. Opportunities for the child to participate in art and craft activities and to run, climb, and engage in other physical activities.
11.13. Staff shall give immediate attention to the emotional and physical needs of a child. Crying shall be attended to immediately.
11.14. Continuity of care shall be provided. The facility shall assign each infant or toddler to a primary caregiver who shall feed, diaper, and play with the child on a daily basis to provide the reassurance and bonding necessary for the child’s healthy development.
W. Va. Code R. § 78-18-12 Children with Special Needs
12.1. For children who need special care because of a disabling or limiting condition, the operator shall provide the care and activities recommended by qualified psychologists, physicians, or other experts.
12.2. A parent, physician, or other health care provider shall provide a written plan that includes instructions for any special treatment, diet, or restrictions in activities necessary for the health of the child.
12.3. The operator shall permit an early intervention specialist, when appropriate, to enter the facility to provide services to the child, to assure the environment is appropriate for the child, and to instruct staff in proper techniques of care.
12.4. The facility shall perform only those procedures and treatments for which staff has the necessary training, experience, credential, or license to perform. §78-18.13. Parental Involvement.
13.1. The facility shall have written operating policies which shall be discussed with parents at the time of enrollment. The policies shall cover the following areas:
13.1.a. Admission requirements, enrollment procedures, and supplies that parents are expected to provide, if any;
13.1.b. A statement that the facility is operated on a nondiscriminatory basis in regard to race, color, sex, religion, marital status of the parents, and disability, except when the child’s needs cannot be met by the facility;
13.1.c. Guidance and discipline;
13.1.d. Rates, any additional fees charged, and the plan for payment;
13.1.e. Liability insurance coverage;
13.1.f. Unlimited access to visit the family child care facility at any time;
13.1.g. Transportation arrangements, when provided by the facility;
13.1.h. Written permission for field trips outside the facility, emergency medical treatment, water activity, and provision of medications;
13.1.i. Hours of operation;
13.1.j. Management of sick children;
13.1.k. Services provided by the facility;
13.1.l. Rules concerning personal belongings brought to the facility;
13.1.m. General procedures of the facility regarding cold weather outdoor play;
13.1.n. Animals on the premises;
13.1.o. Mandatory reporting of child abuse or neglect; and
13.1.p. Religious activities, if any.
13.2. Staff shall share information with parents regarding the accomplishments, successes, and improvements of their child as well as any problems that arise.
13.3. Staff shall encourage parents to become involved with the facility and shall include them in planning for the child’s care.
13.4. Staff shall provide parents with a national periodicity schedule for child health exams and a recommended immunization schedule.
W. Va. Code R. § 78-18-14 Family Child Care Facility Operator
14.1. Requirements for Family Child Care Facility Operators
14.1.a. The operator shall meet all of the requirements that apply to staff. In addition, the operator shall:
14.1.a.1. Be at least 21 years of age;
14.1.a.2. Have a general education development (GED) certificate or high school diploma;
14.1.a.3. Have 6 months of experience in caring for children in a licensed child care center or family child care facility, registered family care home, Head Start, or other early childhood or school-age child care program;
14.1.a.4. Be certified in an approved pediatric Cardiopulmonary Resuscitation (CPR) or first aid training that includes rescue breathing and first aid for choking; and
14.1.a.5. Complete training in child abuse recognition and prevention from an approved training source. Except for the first year of operation, training in child abuse recognition and prevention is in addition to the required 15 clock hours of approved annual training.
14.1.a.6. Complete medication administration training from an approved training source. Except for the first year of operation, training in medication administration is in addition to the required 15 clock hours of approved annual training;
14.1.a.7. Prior to caring for children, all current and potential staff are required to complete approved pre-service training;
14.1.a.8. Complete at least 15 clock hours of approved training annually. Except for the first year of operation, training in pediatric CPR is in addition to the required 15 clock hours of approved annual training. Approved sources of training include:
14.1.a.8.A. One Step at a Time or West Virginia Infant and Toddler Professional Development Training Program;
14.1.a.8.B. Apprenticeship for Child Development Specialists;
14.1.a.8.C. Any training provided by a trainer approved through STARS to provide training;
14.1.a.8.D. Any training provided by a trainer certified in the subject and/or field on which the training is provided. The facility owner shall verify the trainer’s credentials;
14.1.a.8.E. College courses in early childhood development from an accredited college or university or distance education class; and
14.1.a.8.F. Any other vocational class from which the caregiver received a certificate, pending approval by the Secretary. The caregiver shall submit the class syllabus to the Secretary for review and approval.
14.1.b. Training shall be selected based on the Core Knowledge/Core Competency areas listed in subsection 3.3 of this rule and shall increase the operator’s skills and knowledge in the early childhood field.
14.1.c. Over a four-year period, an operator shall select training that addresses all of the Core Knowledge areas.
14.1.d. Operators completing approved training modules lasting more than 15 hours may elect to apply training-module hours over and above 15 to the following year’s training requirement. Training hours that may be carried over include hours earned through the West Virginia Infant and Toddler Professional Development Program, the Apprentice for Child Development Specialist, or other coursework approved by the Department.
14.1.e. The operator shall document that he or she has met one of the following requirements prior to opening or operating a family child care facility:
14.1.e.1. Completion of at least 15 clock hours of child development training or arrangements to complete the training during the first six months of operation of the facility;
14.1.e.2. A child development associate (CDA) credential or completion of the Child Care Apprenticeship Program; or
14.1.e.3. Completion of at least three credit hours in child development or a related field at an accredited higher education institution.
14.2. Responsibilities – family child care facility operators:
14.2.a. Shall work on-site to administer the facility’s daily operation;
14.2.b. Are responsible for providing a child care program and facility that meets the requirements of this rule;
14.2.c. Shall instruct staff in this rule and provide a copy for their use;
14.2.d. Are responsible for the supervision of staff including maintaining staff-to-child ratios and assuring that additional staff is available as needed to maintain supervision of the children in care;
14.2.e. Shall be present at the facility or, if absent, designate one adult who meets the requirements of subsection 14.1. of this section. This designee shall be capable of carrying out the duties of the operator;
14.2.f. Are responsible for the recruitment and hiring of staff, enrollment, and admissions, informing parents of the policies of the family child care facility program, and the training of staff in areas such as emergency and evacuation procedures, programming for children, working with parents, discipline policies, health care, sanitation procedures, release of children, child abuse and neglect reporting, symptoms of illness and medication administration.
14.2.g. Shall maintain adequate records on enrollment, finances, staff, and children;
14.2.h. Shall submit reports to the Department when requested;
14.2.i. Are responsible for screening, scheduling, and supervising the conduct of all staff, volunteers, and others in the facility;
14.2.j. Shall inform staff of the requirement to report child abuse and neglect per W. Va. Code §49-2-801 et seq.; and
14.2.k. Are responsible for all legal and financial obligations.
14.3. If the family child care facility operator and owner are separate individuals, the owner shall assume the responsibility for the operation of the facility in compliance with this rule.
W. Va. Code R. § 78-18-15 Family Child Care Facility Staff
15.1. All staff working directly with children shall:
15.1.a. Be 18 years of age;
15.1.b. Be able to read and write;
15.1.c. Understand children and their developmental needs and relate to children with courtesy, respect, patience, and affection, and with understanding and respect for the child’s family and culture;
15.1.d. Provide continuous supervision of young children including during outdoor play, napping, field trips, and water activities as follows:
15.1.d.1. Supervision of older children may consist of their playing within sight or hearing of nearby staff who shall conduct periodic checks every 15 to 20 minutes;
15.1.d.2. Staff shall visually check on napping infants every 15 to 20 minutes; and
15.1.d.3. Staff shall directly supervise all children during field trips and water play;
15.1.e. Carry out methods of guidance and discipline without recourse to physical or emotional punishment;
15.1.f. Recognize and act against hazards to children and react in a calm manner in an emergency;
15.1.g. Have positive written responses from two references;
15.1.h. Have on file a health appraisal that:
15.1.h.1. Includes a physical examination and a tuberculosis skin test or risk assessment screening with negative results;
15.1.h.2. Indicates that the individual is physically and mentally able to care for children; and
15.1.h.3. Is completed no more than six months prior to employment nor more than 30 days after date of hire and updated every two years;
15.1.i. Have successfully completed an approved pediatric Cardiopulmonary Resuscitation (CPR) training or other certified first aid including rescue breathing and first aid for choking, or have a plan to do so within the first six months of employment;
15.1.j. Have successfully completed training in child abuse recognition and prevention from an approved training source or have a plan to do so within the first six months of employment;
15.1.k. Have successfully completed training in medication administration from an approved training source or have a plan to do so within the first six months of employment;
15.1.l. Completed approved pre-service training requirements or have a plan to do so within the first six months of employment;
15.1.m. Have received, prior to caring for children, an orientation from the operator with regard to evacuation procedures, discipline, child abuse and neglect reporting, recognition of symptoms of childhood illness, medication administration, and the requirements of this rule;
15.1.n. Complete at least 12 clock hours of training annually, selecting training that addresses a variety of the Core Knowledge areas listed in subsection 3.3 of this rule;
15.1.o. Complete at least 12 clock hours of training annually, selecting training that addresses a variety of the Core Knowledge areas listed in subsection 3.3 of this rule.
15.1.p. If staff completes approved training modules lasting more than 12 hours, staff may elect to apply those training module hours over and above 12 to the following year’s training requirement. Training hours that may be carried over include hours earned through the West Virginia Infant and Toddler Professional Development Program, the Apprentice for Child Development Specialist, or other coursework approved by the Department; and
15.1.q. Meet and abide by all other requirements listed in this rule including those with regard to criminal history background checks.
15.2. If staff completes approved training modules lasting more than twelve 12 hours, staff may elect to apply those training module hours over and above 12 to the following year’s training requirement. Training hours that may be carried over include hours earned through the West Virginia Infant and Toddler Professional Development Program, the Apprentice for Child Development Specialist, or other coursework approved by the Department.
15.3. Volunteers.
15.3.a. Volunteers shall:
15.3.a.1. Be at least 16 years of age;
15.3.a.2. Be supervised by the owner or an adult staff person at all times;
15.3.a.3. Submit evidence of a negative tuberculosis risk assessment screening completed during the past 24 months;
15.3.a.4. Receive orientation to the facility and its programs and policies;
15.3.a.5. Be familiar with and meet the requirements of this rule; and
15.3.a.6. Complete approved pre-service training requirements or have a plan to do so within the first six months of employment.
15.3.b. A volunteer shall not be used to meet staff-to-child ratios.
15.4. Substitutes.
15.4.a. Substitutes used 20, eight-hour days or fewer per year shall:
15.4.a.1. Be 18 years of age;
15.4.a.2. Be able to read and write;
15.4.a.3. Understand children and their developmental needs and relate to children with courtesy, respect, patience, and affection, and with understanding and respect for the child’s family and culture;
15.4.a.4. Provide continuous supervision of young children including during outdoor play, napping, field trips, and water activities as follows:
15.4.a.4.A. Supervision of older children may consist of their playing within sight or hearing of nearby staff who shall conduct periodic checks every 15 to 20 minutes;
15.4.a.4.B. Staff shall visually check on napping infants every 15 to 20 minutes; and
15.4.a.4.C. Staff shall directly supervise all children during field trips and water play.
15.4.a.5. Carry out methods of guidance and discipline without recourse to physical or emotional punishment;
15.4.a.6. Recognize and act against hazards to children and react in a calm manner in an emergency;
15.4.a.7. Have successfully completed an approved pediatric Cardiopulmonary Resuscitation (CPR) and certified first aid training including rescue breathing and first aid for choking, or have a plan to do so within the first six months of employment;
15.4.a.8. Complete approved pre-service training requirements or have a plan to do so within the first six months of employment;
15.4.a.9. Have received, prior to caring for children, an orientation from the operator with regard to evacuation procedures, discipline, child abuse and neglect reporting, recognition of symptoms of childhood illness, medication administration and the requirements of this rule;
15.4.a.10. Meet and abide by all other requirements listed in this rule including those with regard to criminal history background checks.
15.4.b. Substitutes used more frequently than 20, eight-hour days per year shall meet all requirements listed in subsection 15.1. of this rule.
W. Va. Code R. § 78-18-16 Criminal History Background Checks
16.1. At the time of license application and renewal, a family child care facility must demonstrate compliance with the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., and69CSR10, for all facility owners, operators, staff, volunteers 18 years of age and over, and each adult household member.
16.1.a. A caregiver shall ensure that a state and federal fingerprint-based criminal background investigation is performed on the caregiver and each adult household member pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., and 69CSR10, and shall keep the following information on file:
16.1.a.1. A completed and signed WV CARES self-disclosure application and consent form. A copy of the form shall be on file and uploaded to the WV CARES system no later than the date of approval to operate;
16.1.a.2. A variance or waiver if the individual has convictions or pending charges of disqualifying offenses;
16.1.a.3. A fitness determination of eligibility from the WV CARES unit; and
16.1.a.4. The caregiver shall update the documentation of a completed background check in the caregiver and each adult household member’s file at the expiration of rap back enrollment.
16.1.a.5. A state check shall be done in any other state where the caregiver and each adult household member has resided in the past five years. Fingerprint checks for other states are optional.
16.1.b. A state check of the sex offender registry or repository shall be done in any other state where the caregiver and each adult household member currently resides and shall be done in any other state where the caregiver and each adult household member has resided in the past five years.
16.1.c. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides and shall be repeated every five years.
16.2. The Secretary shall not grant a certificate of license to a family child care facility if any of the individuals listed in subsection 16.1 of this rule are determined to be ineligible pursuant to WV CARES. A negative fitness determination will result if the individual:
16.2.a. Is on parole or probation for a WV CARES disqualifying offense;
16.2.b. Has been convicted of or is currently under indictment or charged with any of the WV CARES disqualifying offenses; or
16.2.c. Other crimes that the Secretary determines may pose a risk to children.
16.3. If the individuals listed in subsection 16.1 of this rule failed to report convictions to the Department, a family child care facility shall not operate or continue operations unless the facility owner requests a waiver or variance, and it is approved by the Secretary.
16.4. A family child care facility shall report charges, indictments, and convictions of individuals listed in subsection 16.1 of this rule to the Department within 24 hours of their occurrence. Failure to report will result in revocation of the certificate of registration and the family child care facility shall not operate or continue operations unless the facility owner requests a waiver or variance, and it is approved by the Secretary.
16.5. The Department shall not approve a facility for continuing licensure if a criminal history background check reveals that any individual listed in subsection 16.1 of this rule:
16.5.a. Has committed child or adult abuse or neglect, or both, according to Department protective services record or any other Department records;
16.5.b. Is an active recipient of child or adult protective services; or
16.5.c. Has a fitness determination of ineligibility that may not be waived or for which a waiver or variance was not approved.
16.6. For facilities operated outside the operator’s home, a certificate of license may be issued when a household member has a conviction if the household member with the conviction does not reside with, visit, or have contact with children in care.
W. Va. Code R. § 78-18-17 Other Personnel and Household Member Requirements
17.1. The operator, an employee, volunteer, or other household member or resident shall not have been diagnosed or be under treatment for a serious mental illness which might create a risk to children. The Department and/or facility shall determine the risk to children on the basis of a written recommendation from a licensed psychologist or doctor of psychiatry.
17.2. No operator, employee, volunteer, or household member or visitor to the facility shall be under the influence of alcohol or illegal drugs while children are in care.
17.3. No person working directly with children in the facility shall be under the influence of any substance or medication, including medical cannabis, that would impair his or her ability to care for children.
W. Va. Code R. § 78-18-18 Physical Plant Safety
18.1. Facility Requirements.
18.1.a. The building and grounds used for a family child care facility shall be suitable for the purpose of child care, kept clean and in good repair, and shall present no hazard to the health and safety of children.
18.1.b. A family child care facility shall have heat, electricity, and indoor plumbing.
18.1.c. Family child care facilities shall be equipped with a working telephone with a listed number.
18.1.d. Facilities shall post the following emergency telephone numbers adjacent to the phone: ambulance, fire, police, poison control or universal poison control center, and parents and health care providers for all children in care.
18.1.e. Usable floor space of 35 square feet per child shall be available for children’s activities, exclusive of halls, bathrooms, the kitchen, office space, or storage areas.
18.1.f. Family Child Care facilities shall use an on-site kitchen which complies with the requirements of Bureau for Public Health’s Child Care Centers Rule, 64 CSR 21, and shall be equipped as follows:
18.1.f.1. Kitchen and eating areas shall be equipped to safely prepare, store, and serve meals to children.
18.1.f.2. Equipment shall include an oven or microwave, a range or cook-top, a refrigerator, and equipment for washing, rinsing, and sanitizing cooking and eating utensils.
18.1.g. A quiet space shall be available for children to nap or rest away from the noise of household activity.
18.1.h. An operator shall provide an individual bed, sturdy cot, crib, couch, baby bed, portable packs and play yard, or mat for each child who naps. Siblings may share double beds.
18.1.i. All interior bathroom and closet doors which can be locked from the inside shall be capable of being unlocked from the outside.
18.1.j. Clear glass doors shall be clearly marked at a child’s eye level.
18.1.k. There shall be usable outdoor play space of 75 square feet per child available for the children’s outdoor activities either on the premises or within walking distance of the facility. The facility may stagger play times and space based on the number of children using the area at one time.
18.2. Safety Barriers.
18.2.a. All indoor or outdoor stairways, hallways, and exits shall be unobstructed except for safety barriers.
18.2.b. Stairs of four or more steps shall have hand railings when children less than five years of age are in care.
18.2.c. Safety gates shall be provided at the top and bottom of stairs accessible to children under 36 months of age.
18.2.d. Accordion expansion gates are prohibited.
18.2.e. Pressure mounted gates shall not be used at the top of a set of stairs.
18.2.f. Balconies, decks, porches, ramps, and play or living areas that are elevated more than 36 inches shall be equipped with secure, child-proof railings and barriers.
18.3. Hazards. Family child care facilities shall:
18.3.a. Keep children away from areas undergoing remodeling or construction;
18.3.b. Store cleaning supplies, detergents, aerosol cans, pesticides, poisons, flammable materials, poisonous or unknown plants, medicines, medical cannabis, and alcoholic beverages or toxic materials out of the reach of children less than six years of age;
18.3.c. Store hazardous materials separately from food items;
18.3.d. Store guns, ammunition, hunting knives, bows and arrows, and other weapons in a locked cabinet or closet, and store keys out of the children’s reach;
18.3.e. Keep strings and cords long enough to encircle a child’s neck (six inches or more) out of the children’s reach;
18.3.f. Not permit children less than age six in food preparation areas when ranges or cook-tops are in use; and
18.3.g. Keep hanging items including Venetian blind cords, appliance cords, and table cloths out of the reach of small children.
18.4. Electrical Safety.
18.4.a. Electrical cords shall be maintained in good condition.
18.4.b. Extension cords shall be heavy duty, UL approved, and not run under carpets or rugs or through common walkways unless stabilized to prevent tripping.
18.4.c. Protective covers shall be installed on all unused electrical outlets accessible to children who are under five years of age.
18.4.d. Small appliances shall be unplugged when not in use.
W. Va. Code R. § 78-18-19 Environmental Safety
19.1. Tobacco Use.
19.1.a. Facilities shall notify parents in advance if staff, volunteers, or household members in the facility smoke or use smokeless tobacco.
19.1.b. A caregiver shall provide a smoke-free environment while children are present.
19.1.c. Smoking is prohibited when the children are in vehicles with caregivers.
19.1.d. All tobacco products, smoke abatement products, ashtrays, butts, ashes, spittoons, lighters, and matches shall be kept out of the children’s reach.
19.2. Animals.
19.2.a. Any pet or animal present at the facility, indoors or outdoors, shall be in good health, show no evidence of carrying disease, and be a friendly companion for children.
19.2.b. When pets are kept on the premises, the facility shall comply with the rules of the Bureau for Public Health’s Child Care Centers Rule, 64 CSR 21.
19.3. Play Areas and Equipment.
19.3.a. All areas accessible to the outdoor play area determined to be unsafe, including, but not limited to, steep grades, cliffs, open pits, swimming pools, high voltage boosters, propane gas tanks, streets, roads, driveways, railroad tracks, or parking lots, shall be fenced off or have natural barriers at least three feet high to protect the children.
19.3.b. Play equipment shall be of a safe design and shall be maintained in good repair. It shall be free of sharp edges, protruding parts, weaknesses, or flaws and shall be installed to prevent tipping or collapse.
19.3.c. Swings, slides, and climbing equipment shall not be placed on concrete or asphalt surfaces;
19.3.d. Trampolines shall not be accessible to the children in care.
19.3.e. The facility shall have indoor and outdoor play equipment, toys, materials, and furniture that are:
19.3.e.1. Appropriate to the developmental needs and ages of the children in care;
19.3.e.2. Safe, clean, durable, in good repair, and made of nontoxic materials;
19.3.e.3. Easily accessible to and appropriately sized for young children;
19.3.e.4. Of sufficient quantity to provide choices for children and avoid competition for toys; and
19.3.e.5. Capable of providing for a variety of activities such as quiet and active play and individual and group play.
19.3.f. The facility shall have storage spaces for each child’s clothing and for toys and art supplies that are easily accessible to children. These spaces shall be designed to encourage children to pick up and put away toys and personal possessions.
W. Va. Code R. § 78-18-20 Sanitation and Health Issues
20.1. The operator shall obtain a permit to operate from the health officer as required by Bureau of Public Health’s Child Care Center Rules, 64 CSR 21. The facility must maintain the permit.
20.2. All persons in the facility shall practice good personal hygiene.
20.3. Hand washing practices shall be in compliance with the requirements of Bureau of Public Health’s Child Care Centers Rules, 64 CSR 21.
20.4. The caregiver shall employ universal precautions for protection from disease and infection, as detailed in Appendix 78-19-B of this rule.
20.5. The facility shall be free from infestations of insects or rodents.
20.6. Staff shall observe children daily upon arrival and throughout the day for signs of illness or injury.
20.7. The operator shall isolate or exclude staff and children with a serious communicable disease per the facility’s policy on management of sick children.
20.8. The operator shall notify parents of any communicable disease outbreak in the facility.
20.9. The operator shall ensure that the following first aid supplies are available in the facility: soap; alcohol wipes or antiseptic; non-medicated adhesive strips; a digital thermometer; sterile gauze; bandage tape; blunt-tipped scissors; tweezers; disposable, nonporous gloves; CPR mouthpiece; and a first aid guide.
20.10. The operator shall ensure that first aid supplies are not accessible to the children in care.
20.11. Staff shall take a first aid kit on all trips away from the facility.
20.12. The operator or staff shall administer:
20.12.a. Non-prescription medications, including medical cannabis, only with prior written permission from the parents, which includes a written schedule with information about dosage amount, method, and times, or upon directions from the child’s health care provider; and
20.12.b. Prescription medication only from the original container clearly labeled with the child’s name and dosage, the date, and name of the medication, following the health care provider’s directions.
20.13. The facility shall notify parents or guardians immediately of illness or injury to the child.
20.14. If it is necessary to secure emergency treatment for a child, a staff person shall accompany and remain with the child during care or treatment until the parent arrives.
W. Va. Code R. § 78-18-21 Nutrition
21.1. The operator shall plan menus and provide meals and snacks with the goal of meeting or working toward meeting the current United States Department of Agriculture Dietary Guidelines for Americans.
21.2. The operator shall prepare, date, and post menus in advance in a conspicuous place and shall keep them on file for 30 days.
21.3. The operator shall consider information provided by parents about children’s eating habits, food preferences, and special dietary needs when planning menus.
21.4. When parents provide food for meals, the facility shall supplement any meal that does not provide nutritious and sufficient amounts of food for the children, as needed, to meet the requirements of this rule.
21.5. No child shall be permitted to be without a meal or snack for excessively long periods of time. A facility shall provide meals according to the following requirements:
21.5.a. In a facility open morning through afternoon, lunch and morning and afternoon snacks shall be served;
21.5.b. The facility shall serve a snack to school age children arriving after school; and
21.5.c. The facility shall offer breakfast, mid-morning or mid-afternoon snack, lunch, and dinner to a child when attendance is prior to 7:00 in the morning or after 7:30 in the evening.
21.6. The operator shall encourage children to eat the food served but shall not subject them to coercion or forced feeding.
21.7. An operator shall limit the use of snack foods with high sugar and salt content.
21.8. An operator shall serve only pasteurized, inspected, and Grade A approved milk products to children. A facility shall not use powdered milk except for cooking.
W. Va. Code R. § 78-18-22 Fire Safety and Evacuation Plans
22.1. Family Child Care facilities shall meet the applicable rules of the State Fire Marshal’s Office.
22.2. A family child care facility shall request an inspection by the State Fire Marshal prior to beginning operation and annually thereafter.
22.3. The facility shall establish and post a written plan for evacuation in the event of fire, natural disaster or other threatening situation that may pose a health or safety hazard to the children in the facility.
22.3.a. The plan shall include, but not be limited to:
22.3.a.1. A designated relocation site and evacuation;
22.3.a.2. Procedures for notifying parents of the relocation and ensuring family reunification;
22.3.a.3. Procedures to address the needs of individual children, including children with special needs;
22.3.a.4. Instructions relating to the training of staff or the reassignment of staff duties, as appropriate;
22.3.a.5. Coordination with local emergency management officials; and
22.3.a.6. A program to ensure that appropriate staff are familiar with the components of the plan.
22.3.b. The facility shall:
22.3.b.1. Update the evacuation plan by December 31 of each year. If the facility fails to update the plan, the child care regulatory specialist shall take no action against the facility’s license until notice is provided and the facility is given thirty days after the receipt of notice to provide an updated plan;
22.3.b.2. Retain an updated copy of the plan for evacuation;
22.3.b.3. Provide notice of the plan;
22.3.b.4. Provide notification that a copy of the plan will be provided upon request to any parent, custodian, or guardian of each child at the time of the child's enrollment in the child care service and when the plan is updated;
22.3.b.5. Provide the plan and each updated copy of the plan to the Director of the Office of Emergency Services in the county where the center or facility is located;
22.3.b.6. Develop, implement, and maintain a written procedure to practice with staff and volunteers moving to a safe location within the facility at least two times a year and record the dates and times when the practice sessions are conducted; and
22.3.b.7. Develop, implement, and maintain a written procedure for practicing relocation outside the facility with staff members and volunteers two times per year and record the dates and times when the practice sessions are conducted.
22.4. The facility shall prevent children from entering areas which contain furnaces and water heaters or shall install shields to prevent burns.
22.5. Water heaters shall be equipped with thermostatic controls and pressure relief valves.
W. Va. Code R. § 78-18-23 Reporting and Investigation of Complaints
23.1. Reporting.
23.1.a. The operator shall immediately report any serious incident affecting the operation of the facility to the Department and follow up with a written report within 72 hours on a form designated by the Department.
23.1.b. The operator shall report the following situations:
23.1.b.1. Any accident, injury, or illness occurring while a child is in care that results in emergency treatment, hospitalization, or death;
23.1.b.2. Any serious communicable disease of a child, operator, employee, or family member that results in temporary closure of the facility;
23.1.b.3. Any incident which results in legal action by or against the facility; and
23.1.b.4. Serious violations of requirements by the facility operator or its employees such as use of physical punishment or failure to supervise which could have resulted in harm to a child.
23.1.c. In accordance with W. Va. Code §49-2-801 et seq., the operator shall immediately report suspected child abuse or neglect to the statewide child abuse and neglect intake hotline or to Department child protective services staff in the county office where the facility is located.
23.1.d. The operator shall also notify the Department, in writing, of any occurrence affecting the operation of the facility. This includes, but is not limited to, the following:
23.1.d.1. A change in ownership that requires the new owner to file for a new application;
23.1.d.2. A change of operator;
23.1.d.3. Closure of the facility;
23.1.d.4. A change in hours of operation or change in ages of children served;
23.1.d.5. Additions to or reductions in space affecting the facility’s capacity;
23.1.d.6. Additions such as a swimming pool;
23.1.d.7. Reductions such as removal of fences;
23.1.d.8. Location of facility which requires the owner to file for a new application;
23.1.d.9. A disaster such as a fire or flood that damages the facility; and
23.1.d.10. A change in the composition of the household.
23.2. Investigation of Complaints.
23.2.a. A facility shall fully cooperate with the Secretary in the investigation of any complaints including alleged violations of the requirements of this rule, allegations of creating or otherwise causing risk of serious harm to a child, a violation of the juvenile or criminal laws of this state, or reports of suspected child abuse or neglect.
23.2.b. If a complaint alleges that the behavior or conduct of any operator, employee, household member, or volunteer may pose risk of serious harm to a child in care, the facility shall immediately remove that person from further contact with the children until an investigation is completed and a determination is made.
23.2.c. If the Secretary determines there are violations of this rule, a facility shall submit a plan of correction within 30 days of receipt of the written summary report.
23.2.d. The operator shall fully implement the approved plan of correction within the time frame specified by the Secretary.
W. Va. Code R. § 78-18-24 Enforcement Action
The Department may enforce this rule by revocation of a certificate of license or by immediate closure, or both, in accordance with W. Va. Code §49-2-117 and W. Va. Code §49-2-118.
W. Va. Code R. § 78-18-25 Administrative and Judicial Review
25.1. A family child care facility aggrieved by an adverse decision may contest the decision of the Secretary by making a written request for a hearing within 30 days of receipt of the decision.
25.2. Administrative and judicial review shall be made in accordance with the provisions of W. Va. Code §49-2-105 et seq.
25.3. A decision issued by the Secretary may be made effective from the date of issuance. Immediate relief may be obtained upon a showing of good cause made by a verified petition to the Circuit Court of Kanawha County or the circuit court of any county where the affected facility is located.
Appendix 78-18-A DISINFECTANT SOLUTION Add ¼ cup bleach to 1 gallon of water: 1/4 cup bleach + 1 gallon of cool water OR Add 1 tablespoon of bleach to 1 quart of water: 1 tablespoon bleach + 1 quart of cool water Mix a fresh solution each day.
Use it to disinfect surfaces that have been cleaned.
Dispense it from a spray bottle that you keep out of the reach of children.
Wet the entire surface until glistening and leave solution on the surface at least 2 minutes. Dry with a paper towel or allow to air dry.
Source: Healthy Young Children, 4th Edition, 2012
Appendix 78-18-B Universal Precautions Spills of body fluids (i.e., urine, feces, blood, saliva, nasal discharge, and injury of tissue discharge) shall be cleaned up immediately as follows:
For spills of vomit, urine, and feces: walls, bathroom, table tops, toys, kitchen counter-tops, and diaper-changing tables shall be cleaned and disinfected.
For spills of blood or blood-containing body fluids and injury tissue discharges: the area shall be cleaned and disinfected. Gloves shall be used in these situations unless the amount of blood or body fluid is so small that it can easily be contained by the material used for cleaning. If disposable gloves are used, they shall be discarded immediately, and hands washed.
Persons involved in cleaning contaminated surfaces shall avoid exposure of open sores or mucous membranes to blood or blood-containing body fluids and injury or tissue discharges by using gloves to protect hands when cleaning contaminated surfaces.
Mops shall be cleaned, rinsed in sanitizing solution, wrung as dry as possible, and hung to dry. Persons cleaning mops shall wear gloves.
Blood-contaminated material and diapers shall be disposed of in a plastic bag with a secure tie.
Appendix 78-18-C Resource Tables for Sections 7 and 11 of this Rule The following tables suggest examples of play equipment, types of toys, and materials that can be used with children of different age groups. All activities and equipment need to be suited to a child’s age and stage of development.
Table A: Equipment and Materials for Infants Type of Materials Types of Supplies and Equipment Music, Art, and Dramatic Wrist or ankle bells; rattles; adult operated tape or cd player with assorted music; musical toys designed for infants; musical mobiles; banging materials that are simple and light weight; secured unbreakable infant mirrors; play telephones; soft washable dolls, animals, and puppets; simple toys with wheels or rollers.
Blocks and Manipulative Soft and textured blocks, disks, or keys on a ring; squeeze toys; teething toys; interlocking rings; large connecting blocks, large hollow blocks; jumbo pop beads; nesting cups, stacking toys; simple peg boards; boxes.
Language and Science Picture books; toy telephones; adult operated recordings, tapes, discs, and players; photographs; textured surfaces; floating toys; sponges; spoons, and scoops.
Large Muscle Equipment Low, soft, or padded climbing platform for crawlers; infant activity gym; foam or soft plastic balls; simple push toys; secure swings designed for infants.
Table B: Equipment and Materials for Toddlers Types of Materials Types of Supplies and Equipment Music, Art, and Dramatic Well secured unbreakable mirrors; adult operated tape or cd player with assorted music accompanied by simple body and finger movement; hand bells, xylophones, drums, toddler pianos/keyboards; nontoxic art supplies such as play-dough and large crayons; finger paints; large paint brushes used with washable paint on paper; washable markers; kitchen play sets, tool play sets; hats, capes, purses, shoes, boots; play telephones; soft dolls, animal figures, puppets; simple wheel toys such as cars and trains with large wheels or rollers.
Blocks and Manipulative Large connecting blocks, large hollow blocks, large wooden blocks; jumbo pop beads; nesting cups; simple peg boards, simple puzzles; simple threading toys; mobile pull toys; simple dial, key, and button toys; pop-up boxes; boxes.
Language and Science Picture books, touch-me books, simple rhyming books, books for lap reading; toy telephones; adult operated recordings/tapes/discs and players; photographs; water play toys, scoops, and containers.
Large Muscle Equipment Low, soft, or padded climbing platforms and slides; riding/rocking toys that are feet propelled; foam or soft plastic balls; gym mats; play tunnels; push toys; secure swings designed for toddlers Table C: Equipment and Materials for Children aged 2-5 years Types of Materials Types of Supplies and Equipment Music, Art, and Dramatic Bells, cymbals, drums, tambourines, sand blocks, triangles, rhythm sticks, keyboards, and blowing instruments; rattles; adult operated tape or cd player with assorted music; nontoxic art supplies such as play-dough, large crayons and finger paints; large paint brushes used with washable paint on paper; washable markers; glue sticks; chalk; sponges; adjustable easel; colored construction paper; blunt end scissors; unbreakable mirrors; dress-up and role playing materials; masks; housekeeping equipment; play house; doctor kit; doll equipment; play scene sets with people figures and animal figures; puppets; train and car sets.
Blocks and Manipulative Connecting blocks, large hollow blocks, hardwood unit blocks, and accessories; nesting cups, stacking toys; pop beads; peg boards, puzzles; threading toys; boxes; shape sorters; matching games; mosaic blocks.
Language and Science Picture books, easy to read along books or beginning reader books, pop-up books; hidden pictures; child-oriented magazines; child dictionary; tape/cd players and recorders; photographs; beginning computer software; aquariums; terrarium; sandbox and play equipment; water play equipment such as cups, droppers, floating toys, containers; magnets; magnifying glasses; collections such as rocks and shells; simple gear and lever devices; simple math games.
Large Muscle Equipment Low climbing platforms and slides; riding and rocking toys; foam or soft plastic balls; sports balls of all sizes matching the age of child; jump rope; flying disks; gym mats; play tunnels; push and pull toys that look like adult equipment; low child swings; stable ride on equipment.
Table D: Equipment and Materials for School Age Children Type of Materials Types of Supplies and Equipment Music, Art, and Dramatic Tape, CD, or karaoke player/recorder; variety of music; assorted musical instruments such as hand bells, xylophones, drums, pianos/keyboards; art supplies such as clay, paints, paint brushes, markers, yarn, scissors, glue, colored pencils, variety of art paper, chalk, scraps of material, beads, common household items for art construction; weaving materials; models; mirrors; dress-up and role playing materials; masks; housekeeping and gardening equipment; play house, tent, grocery store, work shop; doctor kit; culturally diverse dolls; doll equipment; play scene sets with people figures and animal figures; puppets;
Blocks and Manipulative Small interlocking blocks; log builder sets; wood blocks and accessories; geometric interlocking blocks; materials for detailed construction of models; jig-saw puzzles and 3-D puzzles.
Language and Science Story books; chapter books; tape recorders; cameras; computer programs; games and books that require problem solving; games based on words; matching games; beginning strategy games; globes; maps; aquariums; terrarium; gardening; magnets; magnifying glasses; collections such as rocks and shells; ant farms; child microscope.
Large Muscle Equipment Music for movement; sports balls and equipment for beginning team play; target activities; complex climbing structures such as ladders and ropes; hula hoops; jump rope; outdoor running and tagging games.
Series 19 Family Child Care Home Registration
W. Va. Code R. § 78-19-1 General
1.1. Scope -- This rule establishes minimum standards and procedures for the registration of family child care homes under the provisions of W. Va. Code §49-2-101 and related federal and state codes.
1.2. Authority -- W. Va. Code §49-2-121.
1.3. Filing Date -- March 30, 2023.
1.4. Effective Date -- April 1, 2023.
1.5. Sunset Provision -- This rule shall terminate and have no further force or effect on August 1, 2028.
1.6. Purpose -- This rule governs the regulation of family child care homes in West Virginia.
W. Va. Code R. § 78-19-2 Application and Enforcement
2.1. Application -- This rule applies to any family child care home that operates in West Virginia.
2.2. Enforcement -- This rule is enforced by the Secretary of the Department of Health and Human Resources.
W. Va. Code R. § 78-19-3 Definitions
In addition to the following definitions, the definitions in W. Va. Code §49-1-206 are applicable to this rule.
3.1. Approved Training -- Instruction or training approved by the secretary or provided by a trainer approved through or sponsored by the West Virginia State Training and Registry System (STARS).
3.2. Caregiver -- The person primarily responsible for child care in the family child care home.
3.3. Child Abuse and Neglect -- Physical injury, mental or emotional injury, sexual abuse, sexual exploitation, the sale or attempted sale or negligent treatment or maltreatment of a child by a parent, guardian, or custodian who is responsible for the child’s welfare.
3.4. Child Care -- The services performed by a caregiver for a part of a day outside the child’s home in relation to the child's physical, emotional, psychological, social, and personal needs. Responsibility for the care and protection of the child are delegated by the parent and assumed by the caregiver.
3.5. Child Care Setting -- Any regulated setting providing child care services to children, typically between six weeks through 12 years of age to include relative and informal child care homes, family child care homes, family child care facilities, child care centers, and Out-of-School Time programs.
3.6. Core Knowledge/Core Competencies of Early Childhood Educators -- Skills and knowledge that represent common standards of practice in the early childhood field in areas including health, safety, nutrition, child growth and development, positive interactions and relationships, curriculum, child observation and assessment, family and community, program management, and professionalism.
3.7. Corrective Action Plan -- A written agreement between the department and the family child care home when deficiencies are identified during an inspection or investigation of a complaint that includes the plan and time frame for correction.
3.8. Criminal History Background Check -- A review of information pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., 69CSR10, and an examination of protective service records to determine eligibility for employment or participation under this rule.
3.9. Disinfect -- Eliminate most germs from a contact surface through the use of heat or chemical disinfectants, such as the bleach solutions described in Appendix 78-19-A of this rule.
3.10. Infant -- A child less than 12 months of age.
3.11. Parent -- A parent by blood, marriage, or adoption, or a legal guardian or other person standing in loco parentis.
3.12. Pre-service Training -- Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre-Service training modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDs), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance).
3.13. Relative -- Grandparent, great grandparent, aunt, uncle, great-aunt, great-uncle, or adult sibling.
3.14. Revocation -- The termination of a certificate of registration when a family child care home fails to maintain the minimum requirements established by the department under this rule.
3.15. Secretary -- The Secretary of the Department of Health and Human Resources or his or her designee.
3.16. School-Age Child -- A child aged five years to 13 years of age.
3.17. Serious Injury. -- An injury sustained while the child is in care that requires medical care beyond immediate first aid.
3.18. Substitute -- An individual who cares for children when the caregiver is absent and is responsible to the caregiver.
3.19. Toddler -- A child between the ages of 12 and 24 months.
3.20. Universal Precautions -- Procedures for infection control, as listed in Appendix 78-19-B of this rule, to use in all situations to prevent the transmission of blood borne germs that may be spread through blood and body fluids that might contain blood.
3.21. WV CARES Self-Disclosure Application and Consent Form – A signed declaration of criminal convictions, indictments, and court ordered supervision, and authorization to allow a criminal history background check.
W. Va. Code R. § 78-19-4 Certificate of Registration Information
4.1. Application for Registration.
4.1.a. Initial. -- The department shall issue an initial certificate of registration to a family child care home upon application and self-certification of compliance with this rule.
4.1.b. Renewal. -- The family child care home shall submit an application for renewal of a current certificate of registration at least 30 days before expiration of the certificate.
4.2. General Requirements.
4.2.a. A family child care home shall:
4.2.a.1. Be registered under the name of only one caregiver per residence;
4.2.a.2. Be located in the residence of the caregiver;
4.2.a.3. Operate no longer than 18 consecutive hours within a 24-hour period. A six- hour break must be taken every 18 hours; and
4.2.a.4. Comply with the provisions of this rule.
4.3. Departmental Action on Applications for Registration.
4.3.a. Within 60 days of receipt of an application for certificate of registration, the secretary shall provide a written decision to the family child care home that does one of the following:
4.3.a.1. Issues a regular certificate of registration if the family child care home certifies compliance with all of the requirements of this rule;
4.3.a.2. Issues a provisional certificate of registration if the family child care home is temporarily unable to certify compliance with all of the requirements of this rule; or
4.3.a.3. Denies a certification of registration if the family child care home does not certify substantial compliance with all of the requirements of this rule.
4.4. Terms and Conditions of Registration.
4.4.a. A certificate of registration is not transferable to another family child care home.
4.4.b. A certificate of registration applies only to the family child care home at the location identified in the application.
4.4.c. A family child care home shall publicly display a valid certificate of registration.
4.4.d. A record of all substantiated non-compliance complaints against registered family child care homes and subsequent corrective action shall be maintained by the department and made available to parents and the public upon request.
4.5. Types of Certificates of Registration.
4.5.a. A regular certificate of registration is valid for a period of up to two years from the date of issuance unless revoked or modified to a provisional status.
4.5.b. A provisional certificate of registration is valid for six months from the date of issuance and may not be reissued unless it is the recommendation of the State Fire Marshal.
4.6. Limitations on a Certificate of Registration.
4.6.a. The secretary may place limitations on a certificate of registration based on findings:
4.6.a.1. Of insufficient space in the home;
4.6.a.2. Of inadequate sleeping areas;
4.6.a.3. Of the provision of other home-based services, such as foster care and adult family care; or
4.6.a.4. That require a corrective action plan approved by the secretary.
4.6.b. The limitations may apply to:
4.6.b.1. The age, sex, and type of problems of children in care;
4.6.b.2. The intake of additional children; or
4.6.b.3. The total number of children in the home.
4.7. Waivers and Variances.
4.7.a. A family child care home may request a waiver or variance of any requirement in this rule if:
4.7.a.1. The health, safety, or well-being of children in the home is not adversely affected; and
4.7.a.2. The rule does not prohibit a waiver or variance for the requirement.
4.7.b. The request for a waiver or variance shall be in writing, addressed to the secretary, and shall include the following information:
4.7.b.1. The specific requirement to be waived or varied;
4.7.b.2. The reasons for seeking a waiver and why a specific requirement should not be applied in a particular circumstance; and
4.7.b.3. The reasons for seeking a variance and how compliance with a specific requirement of this rule can be accomplished in a manner different from that set forth in W. Va. Code §49-2-101 et seq., or in this rule.
W. Va. Code R. § 78-19-5 Inspection and Investigation
5.1. A caregiver shall allow a reasonable on-site monitoring inspection by the department.
5.2. The department may conduct inspections with or without advance notice.
5.3. During inspections, the caregiver shall provide access to the premises and to all aspects of the family child care home operation, including the children in care and the household members.
5.4. A family child care home shall ensure that its records are available in easily accessible files for inspection.
5.5. A family child care home shall cooperate in the investigation of complaints against the home.
W. Va. Code R. § 78-19-6 Caregiver, Substitute, and Household Member Requirements
6.1. General Requirements.
6.1.a. The caregiver or substitute shall be:
6.1.a.1. At least 18 years of age; and
6.1.a.2. Able to read and write.
6.1.b. The caregiver or substitute shall ensure that alcoholic beverages or illegal substances are not used, and that no one present in the home is under the influence of those substances during the time children are in care.
6.1.c. A caregiver or substitute may not be impaired by any substance, medication, or medical cannabis to a level that would impair his or her ability to care for children.
6.1.d. The caregiver, substitute, and all household members shall keep information about children in care and about the families of the children confidential, except for required reporting to the department.
6.2. Health Requirements.
6.2.a. The caregiver shall obtain a medical examination and either a tuberculosis risk assessment, a TB skin test, or chest x-ray within 30 days of application for a certificate of registration and upon application for renewal of the certificate of registration.
6.2.b. Medical examinations completed up to six months prior to application or renewal are acceptable.
6.2.c. Examination forms shall indicate that the caregiver has no physical or mental condition that would negatively impact the provision of child care services. The results of the tuberculosis screening must be negative.
6.2.d. If an investigation determines a caregiver or household member may have a physical, mental, or emotional condition that could negatively impact the care of children, the caregiver shall provide a current physical or psychological exam report by a licensed physician or a licensed mental health professional assessing the condition and its impact on the provision of care for children, which will be used by the department to determine whether to continue, deny, or place limits on the certificate of registration.
6.2.e. The family child care home shall maintain a record of current medical examinations which includes the tuberculosis risk assessment, TB skin test, or chest-x-ray results completed within 30 days of the original application.
6.3. Training Requirements.
6.3.a. Within three months of initial registration, a caregiver shall obtain:
6.3.a.1. Approved training in pediatric cardiopulmonary resuscitation (CPR) and pediatric first aid; and
6.3.a.2. Documentation verifying completion of approved pre-service health and safety training.
6.3.b. Within 12 months of initial registration, a caregiver shall obtain four additional hours of training in at least one other Core Knowledge/Core Competency area.
6.3.c. Thereafter, the caregiver shall complete eight hours of approved training annually, encompassing a minimum of two Core Knowledge/Core Competency areas.
6.3.d. Caregivers completing approved training modules lasting more than eight hours may elect to apply those training module hours over and above eight to the following year’s training requirement. Training hours that may be carried over include hours earned through the West Virginia Infant and Toddler Professional Development Program, and the Apprentice for Child Development Specialist or other coursework approved by the department.
6.3.e. A family child care home shall maintain a training record with certificates of attendance for training completed during the registration period.
6.3.f. Caregivers completing approved training resulting in certification in basic first aid and rescue breathing shall renew the certification thirty days prior to the date the certification in such training expires.
6.4. Background Checks.
6.4.a. A caregiver shall ensure that a state and federal fingerprint-based criminal background investigation is performed on the caregiver and each adult household member pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screen Act (WV CARES), W. Va. Code §16-49-1 et seq., 69CSR10, and shall keep the following information on file:
6.4.a.1. A completed and signed WV CARES self-disclosure application and consent form. A copy of the form shall be on file and uploaded to the WV CARES system no later than the date of approval to operate;
6.4.a.2. A variance or waiver if the individual has convictions or pending charges of disqualifying offenses;
6.4.a.3. A fitness determination of eligibility from the WV CARES unit; and
6.4.a.4. The caregiver shall update the documentation of a completed background check in the caregiver’s and each adult household member’s file at the expiration of rap back enrollment.
6.4.a.5. A state criminal background check shall be done in the state where the caregiver and each adult household member has resided in the past five years. Fingerprint checks for other states are optional.
6.4.b. A state check of the sex offender registry or repository shall be done in the state where the caregiver and any adult household member currently resides and shall be done in any other state where the caregiver and each adult household member has resided in the past five years.
6.4.c. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides and shall be repeated every five years.
6.4.d. A new household member must have his or her criminal background check completed within 180 days of moving into the household.
6.4.e. The secretary shall not grant a certificate of registration to a family child care home if the caregiver or a household member:
6.4.e.1. Is currently under indictment or charged with any disqualifying offense as defined in W. Va. Code §16-49-1(8) and 69CSR10-2.10;
6.4.e.2. Is on parole or probation for a felony; or
6.4.e.3. Other crimes that the secretary determines may pose a risk to children.
6.4.f. If the caregiver or a household member has convictions of those listed in subdivision 6.4.e., a family child care provider shall not operate or continue operations unless the caregiver requests a waiver or variance, and it is approved by the secretary.
6.4.g. If the caregiver or a staff member or household member failed to report convictions to the department, a family child care home shall not operate or continue operations unless the caregiver requests a waiver or variance, and it is approved by the secretary.
6.4.h. The family child care home shall report pending charges, indictments, and convictions of caregivers and household members to the department within 24 hours of their occurrence.
6.4.i. The secretary shall not grant a certificate of registration to a family child care home if the caregiver or a household member is an active recipient of child or adult protective services or has a history of substantiated child or adult abuse or neglect as determined by a court of law or an investigation by the department’s protective services staff.
6.5. Supervision of Children.
6.5.a. A caregiver shall be physically present at the family child care home and within sight or hearing of all children in care.
6.5.b. A caregiver shall frequently observe children in cribs and portable packs and play yards.
6.5.c. When supervising outdoor play, a caregiver shall remain outdoors with the children at all times when:
6.5.c.1. There is a pool, pond, hot tub, pail, or other body of water; or
6.5.c.2. There are children six years of age or younger present.
6.6. Family Child Care Home Capacity.
6.6.a. A family child care home shall have no more than six children in care under 13 years of age at any one time. No more than two of the children may be under 24 months of age.
6.6.b. The number of children in the family child care home includes:
6.6.b.1. Children under six years old who live in the home; and
6.6.b.2. Children under six years old who are visiting and not accompanied by a parent or a responsible adult.
6.7. Substitutes.
6.7.a. Substitutes shall be reliable and at least 18 years of age.
6.7.b. The caregiver may use a substitute to provide care for children during emergency situations, illness, and during occasional non-emergency situations such as vacations, child care training, and medical appointments.
6.7.c. The caregiver shall notify parents in advance when he or she plans to use a substitute for non-emergency situations.
6.7.d. The caregiver shall require the substitute to notify parents in emergency situations.
6.7.e. The caregiver shall use a substitute for no more than two consecutive full weeks annually or more than an average of eight hours weekly.
6.7.f. The caregiver shall not knowingly use an individual as a substitute who has a felony conviction or who has been convicted of one of the crimes listed in subdivision 6.4.d. of this rule.
W. Va. Code R. § 78-19-7 Home Safety Requirements
7.1. Home Requirements.
7.1.a. A family child care home shall have heat, electricity, indoor plumbing, and a working telephone.
7.1.b. A family child care home shall meet the following requirements:
7.1.b.1. Bathrooms shall be equipped with a sink that has hot and cold running water and an operating toilet;
7.1.b.2. Kitchens shall have a sink that has hot and cold running water, a working stove for cooking, and a working refrigerator;
7.1.b.3. Interior doors shall lock from the inside and also shall be able to be unlocked from the outside;
7.1.b.4. Floors, walls, ceilings, steps, railings, doors, windows, and furnishings in the home shall be kept clean and in good repair;
7.1.b.5. Windows or artificial lighting shall supply sufficient illumination for children’s activities;
7.1.b.6. A working flashlight shall be available in the home for emergency lighting; and
7.1.b.7. The home shall have a minimum of 35 square feet of indoor space per child. This space does not include hallways, bathrooms, or rooms not intended for or approved for children’s use.
7.2. Safety Barriers.
7.2.a. All indoor or outdoor stairways, hallways, and exits shall be unobstructed except for safety barriers.
7.2.b. Stairs of four or more steps shall have hand railings when children under age five years are in care.
7.2.c. Safety gates shall be provided at the top and bottom of stairs to which infants and toddlers have access.
7.2.c.1. Accordion expansion gates are prohibited.
7.2.c.2. Pressure mounted gates shall not be used at the top of a set of stairs.
7.2.d. Balconies, decks, porches, ramps, and play or living areas that are elevated more than 36 inches shall be equipped with secure, child-proof railings and barriers.
7.3. Hazards. -- Family child care homes shall:
7.3.a. Keep children from areas undergoing remodeling or construction;
7.3.b. Store cleaning supplies, detergents, aerosol cans, pesticides, poisons, flammable materials, poisonous or unknown plants, medicines, medical cannabis, and alcoholic beverages or toxic materials out of the reach of children under six years of age;
7.3.c. Store hazardous materials separately from food items;
7.3.d. Store guns, ammunition, hunting knives, bows and arrows, and other weapons in a locked cabinet or closet, and store keys out of children’s reach; and
7.3.e. Keep strings and cords long enough to encircle a child’s neck (six inches or more) out of the children’s reach.
7.4. Emergency Exits.
7.4.a. Rooms used by children, except bathrooms, shall have at least two exits.
7.4.b. All levels of the home used by children shall have two unobstructed outside exits. The second exit from a room and from a level may be a window.
7.4.c. Windows used as exits shall be located no more than 44 inches from the floor.
7.4.d. A basement used by children shall have a door that exits directly to the outside.
7.4.e. In apartment buildings, where two exits are not available from the apartment, safe and continuous passageways, aisles, or corridors that provide two exits shall serve to meet the requirements of subdivision 7.4.b.
7.5. Electrical Safety.
7.5.a. Electrical cords shall be maintained in good condition.
7.5.b. Extension cords shall be heavy duty UL approved and not run under carpets or rugs, nor through common walkways, unless stabilized to prevent tripping.
7.5.c. Protective covers shall be installed on all unused electrical outlets accessible to children who are under five years of age.
W. Va. Code R. § 78-19-8 Fire Safety and Evacuation Plan
8.1. Evacuation Plan.
8.1.a. A family child care home shall develop and post a written plan for an emergency evacuation in the event of fire, natural disaster or other threatening situation that may pose a health or safety hazard to the children in the family child care home. The plan shall include, but not be limited to:
8.1.a.1. A designated relocation site and evacuation;
8.1.a.2. Procedures for notifying parents of the relocation and ensuring family reunification;
8.1.a.3. Procedures to address the needs of individual children including children with special needs; and
8.1.a.4. Coordination with local emergency management officials.
8.1.a.5. The family child care home shall:
8.1.a.5.A. Update the evacuation plan by December 31 of each year and provide a copy to the child care regulatory specialist. If the provider fails to update the plan, the child care regulatory specialist shall take no action against the provider’s certificate of registration until notice is provided and the provider is given 30 days after the receipt of notice to provide an updated plan.
8.1.a.5.B. Retain an updated copy of the plan for evacuation and shall provide notice of the plan and notification that a copy of the plan will be provided upon request to any parent, custodian, or guardian of each child at the time of the child's enrollment in the child care service and when the plan is updated.
8.1.b. The fire evacuation plan shall include a drawing of the primary and secondary exits from all areas of the house and meeting places for the children once they have exited the home.
8.1.c. A family child care home shall conduct monthly fire evacuation drills and maintain a written record of when they are conducted.
8.1.d. A family child care home shall develop, implement, and maintain a written procedure to practice with staff and volunteers moving to a safe location within the home at least two times a year and record the dates and times when the practice sessions are conducted;
8.1.e. A family child care home shall develop, implement, and maintain a written procedure for practicing relocation with the operator and volunteers two times per year and record the dates and times when the practice sessions are conducted;
8.2. Heating and Cooling.
8.2.a. Heating devices that require ventilation shall be vented to the outside.
8.2.b. Unvented gas heaters may be used as a supplemental source of heat when both of the following requirements are met:
8.2.b.1. A properly functioning digital carbon monoxide detector has been installed in a central location in the home; and
8.2.b.2. The heater is equipped with an oxygen depletion sensor that automatically shuts the heater off if a hazardous level of carbon monoxide accumulates.
8.2.c. Non-flammable protective barriers, guards, or screens shall be installed around wood burning stoves, open fireplaces, and unvented heaters to protect children from burns and flames and to prevent access.
8.2.d. Electric space heaters are allowed if they are UL approved, stable, and inaccessible to children.
8.2.e. Kerosene heating stoves shall not be used while children are in care.
8.2.f. Heating equipment and hot water tanks shall be kept clear of combustible materials.
8.2.g. Hot water tanks shall be equipped with a pressure relief valve and in an area inaccessible to children.
8.2.h. Family child care homes shall use air conditioning or fans that are either adequately shielded or out of children’s reach when temperatures exceed 80 degrees Fahrenheit.
8.3. General Fire Safety.
8.3.a. One working smoke detector shall be installed on every level of the home.
8.3.b. Digital carbon monoxide detectors shall be installed in all residences that use gas appliances, fireplaces, pellet or wood-burning stoves, natural gas, oil, or propane heating systems.
8.3.c. Smoke detectors and carbon monoxide detectors shall have working batteries installed at all times.
8.3.d. Detectors shall be checked frequently, and batteries replaced semi-annually to insure proper functioning.
8.3.e. An ABC-rated multi-purpose fire extinguisher shall be available in the home at all times.
W. Va. Code R. § 78-19-9 Environmental Safety
9.1. Tobacco Use.
9.1.a. A caregiver shall notify parents in advance if anyone in the home smokes or uses smokeless tobacco.
9.1.b. A caregiver shall provide a smoke-free environment while children are present.
9.1.c. Smoking is prohibited when the children are in vehicles with the caregiver.
9.1.d. All tobacco products, ashtrays, butts, ashes, spittoons, lighters, and matches shall be kept out of the children’s reach.
9.2. Pets and Animals.
9.2.a. A family child care home shall:
9.2.1.a. When pets are living in the home, an acknowledgement must be signed and dated by a parent of all children in care verifying that the following information was made available: the date the pet is brought into the home, the type of pet, breed of pet, spay/neuter status, and vaccination status. The caregiver must notify parents two weeks prior to a new pet being brought into the home.
9.2.a.2. Keep documentation available on site of rabies vaccinations for all cats and dogs kept on the premises;
9.2.a.3. Confine animals that are sick, aggressive, or injured in an area not accessible to the children;
9.2.a.4. Keep litter boxes out of areas used by children and away from food preparation areas; and
9.2.a.5. Keep pets such as birds, ferrets, reptiles, or wild animals in an area of the home or the premises that is not accessible to children.
9.2.b. If an animal bites a child and the skin is broken, the caregiver shall notify the parents immediately and notify the department within 24 hours.
9.3. Play Areas.
9.3.a. A family child care home shall provide for outdoor play space within reasonable walking or driving distance from the home.
9.3.b. Play areas shall be free from unsanitary or hazardous items, trash receptacles, burning facilities, abandoned cars, appliances, farm animals, animal waste, debris, combustible rubbish, unsafe toys, open sewage, chemicals, exposed roots, open or abandoned wells, tires, vehicular traffic, and any other hazardous items or conditions.
9.3.c. Outdoor play equipment shall be safe, in good repair, and free of sharp edges and protruding parts.
9.3.c.1. Anchored play equipment shall not be placed over, or immediately adjacent to, hard surfaces.
9.3.c.2. All outdoor activity areas shall be maintained in a clean and safe condition by removing debris, dilapidated structures, broken or worn play equipment, building supplies, glass, sharp rocks, toxic plants, and other injurious materials.
9.3.d. Trampolines shall not be accessible to the children in care.
W. Va. Code R. § 78-19-10 Health, Sanitation, and Nutrition
10.1. Health.
10.1.a. A caregiver shall:
10.1.a.1. Observe the children daily upon their arrival and note signs of illness or injury;
10.1.a.2. Promptly report accidents, suspected illnesses, or exposure of a child to a communicable disease to the child’s parents; and
10.1.a.3. Isolate a sick child from the other children.
10.1.b. A caregiver shall obtain written permission from parents to administer non-prescription and prescription medication according to the following guidelines:
10.1.b.1. Non-prescription medication, including medical cannabis, shall be administered according to a written schedule, with information about dosages, how to administer the medication, and times provided by the parents; and
10.1.b.2. Prescription medication shall be stored in original containers clearly labeled with the child’s name and dosage, date, and name of medication.
10.1.b.3. The caregiver shall administer the medication according to the label.
10.1.c. Caregivers shall provide parents with the recommended guidelines for immunizations and the periodicity schedule for Health Check Exams recommended by the West Virginia Early and Periodic Screening, Diagnosis, and Treatment Program.
10.1.d. The caregiver shall maintain a record of each child’s health examinations and immunizations according to the following guidelines:
10.1.d.1. A general medical examination for all children shall be obtained by the parents within 30 days of admission to the home, provided the examination was completed no more than six months prior to the child’s admission to the home;
10.1.d.2. Children’s medical examination records shall be updated every two years until the child is six years of age;
10.1.d.3. Immunization records shall be completed and updated according to the schedule recommended by the department;
10.1.d.4. If immunizations are not current, the caregiver shall obtain a schedule for completion from the parent for the family child care home’s files, including children experiencing homelessness and children in foster care. The grace period will be based on the individual circumstances of the child; and
10.1.d.5. A family child care home shall not require immunization records for children whose parents provide written documentation when immunizations are contraindicated due to a medical condition documented by a physician.
10.2. Sanitation.
10.2.a. The family child care home shall have sufficient safe water for drinking, hand washing, and other household needs.
10.2.b. The family child care home shall have safe drinking water available to the children at all times either from a municipal water supply, well water that has been tested by the West Virginia Bureau for Public Health, or through use of commercially available bottled water.
10.2.c. The caregiver and the children shall thoroughly wash their hands with soap and water for at least 20 seconds any time they are soiled, including at the following times:
10.2.c.1. Before eating;
10.2.c.2. Before handling or preparing foods;
10.2.c.3. After contact with animals;
10.2.c.4. Before and after diaper changing, assisting a child with toilet use, or personal bathroom use; and
10.2.c.5. When the caregiver or the children come into contact with blood or bodily fluids containing blood.
10.2.d. The caregiver shall employ universal precautions for protection from disease and infection, as detailed in Appendix 78-19-B of this rule.
10.2.e. The caregiver shall store food and drinks in closed containers and refrigerate as needed.
10.2.f. To ensure the cleanliness of the home the caregiver shall:
10.2.f.1. Cover garbage cans with lids, maintain them in a sanitary manner with liners, and empty them daily;
10.2.f.2. Clean bathroom facilities used by the children daily and when soiled, as listed in Appendix 78-19B of this rule;
10.2.f.3. Clean dishes in a dishwasher or in hot water and detergent. If they are washed by hand, they shall be rinsed thoroughly and allowed to air dry;
10.2.f.4. Maintain the family child care home and furnishings in a safe and sanitary condition to prevent accidents and illnesses;
10.2.f.5. Ensure that the family child care home is free of rodent or insect infestation; and
10.2.f.6. Ensure doors and windows that are left open have screens.
10.3. Nutrition.
10.3.a. Children shall receive nutritious meals and snacks, served in a sanitary manner and in amounts adequate to meet their nutritional needs, as detailed in the USDA Dietary Guidelines for Americans.
10.3.b. Children shall be encouraged, but not forced to eat.
10.3.c. Children who do not require a highchair shall be seated comfortably at a table when meals and snacks are served.
W. Va. Code R. § 78-19-11 Water Safety
11.1. For all water play or swimming activities, or both, the caregiver shall:
11.1.a. Obtain prior written permission from parents for children to participate;
11.1.b. Be physically present at the site of any water play and provide constant, direct supervision of children;
11.1.c. Ensure that an adult swimmer is present when children are involved in swimming activities in pools deeper than 24 inches;
11.1.d. Ensure that life guards are present when taking children to a swimming area outside of the family child care home;
11.1.e. Provide simple water safety rules to children based on their ages and developmental levels;
11.1.f. Ensure that a second adult is available to supervise when:
11.1.f.1. Some children are not swimming; and
11.1.f.2. More than three children under six years of age are participating in swimming activities in pools deeper than 24 inches; and
11.1.g. Ensure that children who are not toilet trained wear swim diapers during water play of any kind.
11.2. Water Play.
11.2.a. Wading pools of less than 24 inches in depth may be used when the following requirements are met:
11.2.a.1. The pool is clean and free of debris;
11.2.a.2. The pool is emptied and disinfected before and after each play period or immediately when they become dirty or contaminated; and
11.2.a.3. The pool remains empty when not in use and does not collect water.
11.2.b. The caregiver shall store empty pools out of children’s reach.
11.3. Pools and Hot Tubs.
11.3.a. A caregiver shall:
11.3.a.1. Enclose all swimming pools deeper than 24 inches with a fence at least four feet high;
11.3.a.2. Ensure that entry gates remain locked when the pool is not in use;
11.3.a.3. Ensure that pools deeper than 24 inches used by children in care have working filtration systems and are maintained to prevent development of bacteria and algae;
11.3.a.4. Ensure that, if using a fence manufactured strictly for above ground pools, it extends at least two feet above the pool and has a locking ladder attached; and
11.3.a.5. Ensure that pools used by children in care are set up, maintained, and operated according to manufacturer guidelines and age recommendations.
11.3.b. A caregiver shall:
11.3.b.1. Equip hot tubs with a hard cover; and
11.3.b.2. Prohibit the children’s use of hot tubs.
W. Va. Code R. § 78-19-12 Emergency Practices
12.1. Emergency Information.
12.1.a. A family child care home shall ensure that written emergency information is available near the telephone within easy access of the caregiver, children, and substitutes that contains telephone numbers for the following:
12.1.a.1. Police and fire departments;
12.1.a.2. The child abuse and neglect hotline;
12.1.a.3. Ambulance service;
12.1.a.4. A poison control center or the universal poison control center telephone number, 1-800-222-1222;
12.1.a.5. Parents’ work and home;
12.1.a.6. Numbers for each child’s health care provider; and
12.1.a.7. An emergency substitute, if applicable.
12.1.b. Emergency information for each child and parental permission forms for emergency medical treatment shall be obtained prior to a child’s placement in the home, maintained in the providers records, and updated when information changes.
12.1.c. Emergency information for each child includes emergency contacts, family information, permission to seek medical treatment, and permission to transport the child.
12.1.d. Emergency consent forms shall be notarized.
12.2. First Aid Supplies. A family child care home shall keep the following first aid supplies available in a portable container and ensure they are out of children’s reach:
12.2.a. A digital thermometer;
12.2.b. Disposable gloves;
12.2.c. Blunt tipped scissors;
12.2.d. Tweezers;
12.2.e. Bandage tape;
12.2.f. Sterile gauze;
12.2.g. Non-medicated adhesive strips;
12.2.h. Sealed packages of alcohol wipes or antiseptic;
12.2.i. CPR mouthpiece;
12.2.j. Soap; and
12.2.k. A first aid guide.
W. Va. Code R. § 78-19-13 Transportation
13.1. When transporting children, the caregiver shall:
13.1.a. Notify parents in advance when activities are planned that require transportation;
13.1.b. Make sure the children’s emergency consent forms are carried in the vehicle in case of accident or illness;
13.1.c. Accompany children on activities that require transportation;
13.1.d. Ensure the driver transporting the children has a valid driver’s license; and
13.1.e. Ensure the vehicle used to transport the children is maintained in safe running condition, with insurance and a current inspection sticker.
13.2. A family child care home shall ensure that each child is secured in an approved child safety seat or seat belt at a ratio of one child per seat belt as required by W. Va. Code §17C-15-56.
W. Va. Code R. § 78-19-14 Program and Equipment
14.1. Daily Routine.
14.1.a. A family child care home shall post the daily routine.
14.1.b. The daily routine shall be appropriate to the ages of the children in care and include:
14.1.b.1. Specific meal times;
14.1.b.2. Nap times for children who need them;
14.1.b.3. Indoor play time;
14.1.b.4. Outdoor play time on days when temperatures are 40 degrees and above, weather and circumstances permitting;
14.1.b.5. A balance of active and quiet play; and
14.1.b.6. Time to learn self-help skills, such as hand washing, brushing teeth, dressing, and toileting.
14.2. Program.
14.2.a. A family child care home shall implement a program that:
14.2.a.1. Is appropriate to the ages and stages of development of children in care; and
14.2.a.2. Enhances the healthy growth and development of children.
14.2.b. A family child care home shall select toys, equipment, and activities referenced in the resource tables in Appendix 78-19-C of this rule. Examples include:
14.2.b.1. Art and craft activities, music, games, puzzles, and books;
14.2.b.2. Building blocks;
14.2.b.3. Outdoor play equipment, such as balls and riding toys;
14.2.b.4. Dress up clothes for dramatic play;
14.2.b.5. Manipulative toys;
14.2.b.6. Large muscle equipment; and
14.2.b.7. Science materials.
14.2.c. A family child care home shall ensure that age-appropriate books are read on a daily basis to children between the ages of six months and five years of age.
14.3. Equipment.
14.3.a. A family child care home shall ensure each child has an appropriately-sized place to rest, such as a crib, portable packs and play yard, bed, cot, sofa, or mat with clean individual bedding.
14.3.b. Toys and equipment used by the children shall be non-toxic, safe, sturdy, easy to clean and free of hazards, as specified in Appendix 78-19-C of this rule.
W. Va. Code R. § 78-19-15 Guidance and Discipline
15.1. Guidance.
15.1.a. The caregiver and parents shall discuss and agree upon positive methods of guidance that encourage a child’s acceptable behavior.
15.1.b. The caregiver shall use guidance that helps the children understand appropriate behavior and is appropriate to their ages.
15.1.c. A family child care home shall have rules that are fair, consistent, and relevant to the children’s ages.
15.1.d. A family child care home may use a time-out that lasts no more than one minute for each year of a child’s age only for the purpose of helping a child regain control.
15.2. Discipline.
15.2.a. A caregiver, household member, or substitute shall not use any of the following harmful forms of discipline:
15.2.a.1. Punishing a child physically including spanking, hitting, kicking, biting, shaking, swatting, thumping, pinching, popping, shoving, spitting, or other cruel treatment;
15.2.a.2. Punishing or threatening a child in association with food, sleep, rest, or toilet training;
15.2.a.3. Putting anything in or on a child’s mouth as punishment;
15.2.a.4. Confining a child in a closet or locked room or using physical restraints for confinement;
15.2.a.5. Using loud, profane, or abusive language or threats of physical punishment;
15.2.a.6. Punishing a child psychologically including public or private humiliation, shaming, and negative remarks about the child or child’s family;
15.2.a.7. Punishing a child emotionally including rejecting, terrorizing, ignoring, or isolating; and
15.2.a.8. Allowing a child to discipline other children.
15.2.b. A caregiver shall not seek or accept parental permission to use any punishments or acts prohibited in this rule.
W. Va. Code R. § 78-19-16 Infants and Toddlers
16.1. Equipment. -- A family child care home:
16.1.a. Is prohibited, effective December 28, 2012, from using traditional drop side cribs, or any crib manufactured prior to June 28, 2011. A family child care home shall:
16.1.a.1. Only use cribs and portable pack and play yards that comply with the Consumer Product Safety Commission standards, Cribs manufactured after June 28, 2011, and any portable pack and play yards manufactured after February 19, 2014; and
16.1.a.2. Supply separate cribs or portable packs and play yards for infants. Family child care providers shall not use portable packs and play yards for infants able to climb;
16.1.b. Shall not allow infants under 35 inches tall to sleep on any type of adult bed or sofa;
16.1.c. Shall not place soft pillows or stuffed animals in infant beds during sleep or nap times;
16.1.d. Shall not allow the use of mobile walkers;
16.1.e. Shall ensure that high chairs, infant swings, portable packs and play yards, and cribs are safe and in good working condition; and
16.1.f. Shall disinfect toys and play equipment used by infants and toddlers after each use. Resource tables are contained in Appendices 78-19-C of this rule.
16.2. Feeding and Care. -- A family child care home caring for infants and toddlers shall:
16.2.a. Keep milk and formula under refrigeration at all times;
16.2.b. Discard any unused breast milk within two hours of feeding;
16.2.c. Offer water to infants and toddlers several times daily;
16.2.d. Hold infants six months of age and younger while bottle-feeding. Bottle propping is prohibited;
16.2.e. Hold infants and toddlers with special needs over six months of age while bottle-fed until they are able to hold their own bottles securely;
16.2.f. Ensure that infants and toddlers participate in activities outside of cribs or portable packs and play yards;
16.2.g. Hold, cuddle, talk to, sing to, and respond to the particular needs of infants and toddlers; and
16.2.h. Place an infant who is unable to turn over independently on his or her back to sleep unless medical documentation prohibits sleep in that position.
16.3. Diapering and Toilet Training.
16.3.a. A caregiver caring for children in diapers shall:
16.3.a.1. Use a clean non-porous surface or pad for diaper changing and shall clean it after each use;
16.3.a.2. Have sufficient quantities of clean diapers available; and
16.3.a.3. Change diapers when soiled and dispose of them in a closed container that is emptied daily.
16.3.b. A family child care home caring for a child who is toilet training shall:
16.3.b.1. Discuss and agree with the child’s parent on a schedule for toilet training; and
16.3.b.2. Empty and disinfect potty chairs after each use.
W. Va. Code R. § 78-19-17 Night Time Care
17.1. Sleeping. -- A family child care home providing night time care:
17.1.a. Shall not place mats or sleeping bags directly on the floor for overnight sleeping;
17.1.b. Shall provide the children with clean linen, pillows, and additional coverings as needed for comfort;
17.1.c. Shall be awake while the children are awake and sleep only when all the children are asleep; and
17.1.d. Shall ensure that only children of the same family and sex sleep together in the same bed.
17.2. Bathing. -- When bathing a child, the caregiver shall:
17.2.a. Discuss bathing arrangements with the child’s parents;
17.2.b. Provide age-appropriate bathing facilities for children for overnight care;
17.2.c. Supervise a child under six years of age while bathing;
17.2.d. Equip bathtubs and showers with safety devices to prevent slipping or falling;
17.2.e. Provide soap, clean water, clean individual wash cloths, and towels for each child: and
17.2.f. Thoroughly clean the tub between baths.
W. Va. Code R. § 78-19-18 Parent Involvement
18.1. Responsibilities.
18.1.a. A family child care home shall maintain all completed parental forms required by the department, including emergency information and medical forms, on file.
18.1.b. The caregiver shall require parents to review and sign daily sign in and out sheets to document the time all children are in care.
18.1.c. A family child care home shall keep records on file for two years.
18.1.d. The caregiver shall work with parents, the school system, the Birth to Three Program, and other providers to plan for a child’s transition to other programs.
18.2. Rights.
18.2.a. The caregiver shall give parents an opportunity for pre-enrollment visits to discuss services and requirements of the family child care home as well as the needs of the family and children.
18.2.b. The caregiver shall give custodial parents immediate and unlimited access to their children in care and follow these guidelines:
18.2.b.1. The caregiver shall release the children only to the individuals listed on the parent’s emergency consent form; and
18.2.b.2. The caregiver shall require identification before releasing a child to someone unknown to the caregiver.
W. Va. Code R. § 78-19-19 Required Reporting to the Department
19.1. A family child care home shall immediately report suspected child abuse or neglect to the department in accordance with W. Va. Code §49-2-801 et seq.
19.2. A family child care home shall immediately report to the department any accidents or illnesses resulting in emergency treatment, hospitalization, or the death of a child and follow up with a written report within 72 hours on a form designated by the department.
19.3. A family child care home shall report the following within 72 hours:
19.3.a. An adult added to the household so a criminal history background check can be completed;
19.3.b. Major damage to the home caused by fire, flood, or storms; and
19.3.c. A change in address.
W. Va. Code R. § 78-19-20 Enforcement Action
This rule may be enforced by revocation of a certificate of registration, or by immediate closure, or both, in accordance with W. Va. Code §49-2-117 and W. Va. Code §49-2-118.
W. Va. Code R. § 78-19-21 Administrative and Judicial Review
21.1. In accordance with the provisions of W. Va. Code §49-2-105, a family child care home may seek an administrative review of a decision made by the secretary by requesting a hearing within 30 days of receiving the notice of the decision.
21.2. A family child care home may also seek immediate relief from the decision of the secretary by a showing of good cause made by verified petition to the Circuit Court of Kanawha County or the circuit court of the county where the home is located.
Appendix 78-19-A DISINFECTANT SOLUTION DISINFECTANT SOLUTION Add ¼ cup bleach to 1 gallon of water: 1/4 cup bleach + 1 gallon of cool water OR Add 1 tablespoon of bleach to 1 quart of water: 1 tablespoon bleach + 1 quart of cool water Mix a fresh solution each day.
Use it to disinfect surfaces that have been cleaned.
Dispense it from a spray bottle that you keep out of the reach of children.
Wet the entire surface until glistening and leave solution on the surface at least 2 minutes. Dry with a paper towel or allow to air dry.
Source: Healthy Young Children, 4th Edition, 2012
Appendix 78-19-B Universal Precautions Spills of body fluids (i.e., urine, feces, blood, saliva, nasal discharge, and injury or tissue discharge) shall be cleaned up immediately as follows:
For spills of vomit, urine, and feces: walls, bathroom, table tops, toys, kitchen counter-tops, and diaper-changing tables shall be cleaned and disinfected.
For spills of blood or blood-containing body fluids and injury tissue discharges: the area shall be cleaned and disinfected. Gloves shall be used in these situations unless the amount of blood or body fluid is so small that it can easily be contained by the material used for cleaning. If disposable gloves are used, they shall be discarded immediately, and hands washed.
Persons involved in cleaning contaminated surfaces shall avoid exposure of open sores or mucous membranes to blood or blood-containing body fluids and injury or tissue discharges by using gloves to protect hands when cleaning contaminated surfaces.
Mops shall be cleaned, rinsed in sanitizing solution, wrung as dry as possible, and hung to dry. Persons cleaning mops shall wear gloves.
Blood-contaminated material and diapers shall be disposed of in a plastic bag with a secure tie.
Appendix 78-19-C Resource Tables for Sections 7 and 11 of this Rule The following tables suggest examples of play equipment, types of toys, and materials that can be used with children of different age groups. All activities and equipment need to be suited to a child’s age and stage of development.
Table A: Equipment and Materials for Infants Type of Materials Types of Supplies and Equipment Music, Art, and Dramatic Wrist or ankle bells; rattles; adult operated tape or cd player with assorted music; musical toys designed for infants; musical mobiles; banging materials that are simple and light weight; secured unbreakable infant mirrors; play telephones; soft washable dolls, animals, and puppets; simple toys with wheels or rollers.
Blocks and Manipulative Soft and textured blocks, disks, or keys on a ring; squeeze toys; teething toys; interlocking rings; large connecting blocks, large hollow blocks; jumbo pop beads; nesting cups, stacking toys; simple peg boards; boxes.
Language and Science Picture books; toy telephones; adult operated recordings, tapes, discs, and players; photographs; textured surfaces; floating toys; sponges; spoons and scoops.
Large Muscle Equipment Low, soft, or padded climbing platform for crawlers; infant activity gym; foam or soft plastic balls; simple push toys; secure swings designed for infants.
Table B: Equipment and Materials for Toddlers Types of Materials Types of Supplies and Equipment Music, Art and Dramatic Well secured unbreakable mirrors; adult operated tape or cd player with assorted music accompanied by simple body and finger movement; hand bells, xylophones, drums, toddler pianos/keyboards; nontoxic art supplies such as play-dough and large crayons; finger paints; large paint brushes used with washable paint on paper; washable markers; kitchen play sets, tool play sets; hats, capes, purses, shoes, boots; play telephones; soft dolls, animal figures, puppets; simple wheel toys such as cars and trains with large wheels or rollers.
Blocks and Manipulative Large connecting blocks, large hollow blocks, large wooden blocks; jumbo pop beads; nesting cups; simple peg boards, simple puzzles; simple threading toys; mobile pull toys; simple dial, key and button toys; pop-up boxes; boxes.
Language and Science Picture books, touch-me books, simple rhyming books, books for lap reading; toy telephones; adult operated recordings/tapes/discs and players; photographs; water play toys, scoops, and containers.
Large Muscle Equipment Low, soft, or padded climbing platforms and slides; riding/rocking toys that are feet propelled; foam or soft plastic balls; gym mats; play tunnels; push toys; secure swings designed for toddlers Table C: Equipment and Materials for Children aged 2-5 years Types of Materials Types of Supplies and Equipment Music, Art, and Dramatic Bells, cymbals, drums, tambourines, sand blocks, triangles, rhythm sticks, keyboards, blowing instruments; rattles; adult operated tape or cd player with assorted music; nontoxic art supplies such as play-dough, large crayons and finger paints; large paint brushes used with washable paint on paper; washable markers; glue sticks; chalk; sponges; adjustable easel; colored construction paper; blunt end scissors; unbreakable mirrors; dress-up and role playing materials; masks; housekeeping equipment; play house; doctor kit; doll equipment; play scene sets with people figures and animal figures; puppets; train and car sets.
Blocks and Manipulative Connecting blocks, large hollow blocks, hardwood unit blocks and accessories; nesting cups, stacking toys; pop beads; peg boards, puzzles; threading toys; boxes; shape sorters; matching games; mosaic blocks.
Language and Science Picture books, easy to read along books or beginning reader books, pop-up books; hidden pictures; child-oriented magazines; child dictionary; tape/cd players and recorders; photographs; beginning computer software; aquariums; terrarium; sandbox and play equipment; water play equipment such as cups, droppers, floating toys, containers; magnets; magnifying glasses; collections such as rocks and shells; simple gear and lever devices; simple math games.
Large Muscle Equipment Low climbing platforms and slides; riding and rocking toys; foam or soft plastic balls; sports balls of all sizes matching the age of child; jump rope; flying disks; gym mats; play tunnels; push and pull toys that look like adult equipment; low child swings; stable ride on equipment.
Table D: Equipment and Materials for School Age Children Type of Materials Types of Supplies and Equipment Music, Art, and Dramatic Tape, CD or karaoke player/recorder; variety of music; assorted musical instruments such as hand bells, xylophones, drums, pianos/keyboards; art supplies such as clay, paints, paint brushes, markers, yarn, scissors, glue, colored pencils, variety of art paper, chalk, scraps of material, beads, common household items for art construction; weaving materials; models; mirrors; dress-up and role playing materials; masks; housekeeping and gardening equipment; play house, tent, grocery store, work shop; doctor kit; culturally diverse dolls; doll equipment; play scene sets with people figures and animal figures; puppets;
Blocks and Manipulative Small interlocking blocks; log builder sets; wood blocks and accessories; geometric interlocking blocks; materials for detailed construction of models; jig-saw puzzles and 3-D puzzles.
Language and Science Story books; chapter books; tape recorders; cameras; computer programs; games and books that require problem solving; games based on words; matching games; beginning strategy games; globes; maps; aquariums; terrarium; gardening; magnets; magnifying glasses; collections such as rocks and shells; ant farms; child microscope.
Large Muscle Equipment Music for movement; sports balls and equipment for beginning team play; target activities; complex climbing structures such as ladders and ropes; hula hoops; jump rope; outdoor running and tagging games.
Series 20 Informal and Relative Family Child Care Home Registration
W. Va. Code R. § 78-20-1 General
1.1. Scope -- This rule establishes minimum standards and procedures for the registration of informal and relative family child care homes under the provisions of W. Va. Code §49-2-101, et seq., and related federal and state codes.
1.2. Authority -- W. Va. Code §49-2-121.
1.3. Filing Date -- March 30, 2023.
1.4. Effective Date -- April 1, 2023.
1.5. Sunset Provision -- This rule shall terminate and have no further force or effect on August 1, 2028.
1.6. Purpose -- This rule governs the voluntary registration of those informal and relative family child care homes in West Virginia that participate in federal subsidy programs.
W. Va. Code R. § 78-20-2 Application and Enforcement
2.1. Application -- This rule applies to any informal or relative family child care home that operates in West Virginia.
2.2. Enforcement -- This rule is enforced by the secretary of the Department of Health and Human Resources.
W. Va. Code R. § 78-20-3 Definitions
In addition to the following definitions, the definitions in W. Va. Code §49-2-101, et seq., are applicable to this rule.
3.1. Approved Training -- Instruction or training approved by the secretary or provided by a trainer approved through or sponsored by the West Virginia State Training and Registry System (STARS).
3.2. Caregiver -- The person primarily responsible for child care in the informal or relative family child care home.
3.3. Child Abuse and Neglect -- Physical injury, mental or emotional injury, sexual abuse, sexual exploitation, the sale or attempted sale or negligent treatment or maltreatment of a child by a parent responsible for the child’s welfare.
3.4. Corrective Action Plan -- A written agreement between the department and the informal or relative family child care home when deficiencies are identified during an inspection or investigation of a complaint that includes the plan and time frame for correction.
3.5. Criminal History Background Check -- A review of information pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., 69CSR10, and an examination of protective service records to determine eligibility for employment or participation under this rule.
3.6. Disinfect -- Eliminate most germs from a contact surface through the use of chemical disinfectants or heat.
3.7. Infant -- A child less than 12 months of age.
3.8. Informal Caregiver -- The person in an informal family child care home who is named in the certificate of registration.
3.9. Informal Caregiver Home -- A home that provides care for three or fewer children. At least one child is not related to the caregiver.
3.10. Parent -- A parent by blood, marriage or adoption, or a legal guardian or other person standing in loco parentis.
3.11. Pre-service Training -- Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements (Pre-Service Training Modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDS), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance).
3.12. Relative Caregiver -- The person in a relative family child care home who is named in the certificate of registration.
3.13. Relative Family Child Care Home -- Home that provides care only to children related to the caregiver. The caregiver must be a grandparent, great grandparent, aunt, uncle, great-aunt, great-uncle, or adult sibling.
3.14. Revocation -- The termination of a certificate of registration when an informal or relative family child care home fails to maintain the minimum requirements established by the department under this rule.
3.15. Sanitize -- Remove filth or soil and small amounts of certain bacteria. For a contact surface to be considered sanitary, the surface must be clean, and the number of germs reduced so that disease transmission is unlikely.
3.16. School-Age Child -- A child aged five years to 13 years of age.
3.17. Serious Injury -- An injury sustained while in care that requires medical care beyond immediate first aid.
3.18. Substitute -- An individual who cares for children when the caregiver is absent and is responsible to the caregiver.
3.19. Toddler -- A child between the ages of 12 and 24 months.
3.20. WV CARES Self-Disclosure Application and Consent Form -- A signed declaration of criminal convictions and indictments, and authorization to allow a criminal history background check.
W. Va. Code R. § 78-20-4 Certificate of Registration Information
4.1. Application for Registration.
4.1.a. Initial -- The department shall issue an initial certificate of registration to an informal or relative family child care home upon application and compliance with this rule.
4.1.b. Renewal -- The department shall issue a renewal of the certificate of registration to an informal or relative family child care home upon application for renewal, which shall be submitted at least 30 days before expiration of the current certificate.
4.2. General Requirements.
4.2.a. An informal or relative family child care home shall be registered under the name of only one caregiver per residence.
4.2.b. An informal or relative family child care home shall be located in the residence of the caregiver.
4.2.c. An informal or relative family child care home shall comply with the provisions of this rule.
4.3. Departmental Action on Applications for Registration -- Within 60 days of receipt of an application for certificate of registration, the secretary shall provide a written decision to the informal or relative family child care home that does one of the following:
4.3.a. Issues a regular certificate of registration if the informal or relative family child care home certifies compliance with all of the requirements of this rule; or
4.3.b. Denies a certification of registration if the informal or relative family child care home does not certify substantial compliance with all of the requirements of this rule.
4.4. Terms and Conditions of Registration.
4.4.a. A certificate of registration is not transferable to another informal or relative family child care home.
4.4.b. A certificate of registration applies only to the informal or relative family child care home at the location identified in the application.
4.4.c. An informal or relative family child care home shall show its certificate of registration to parents and the public upon request.
4.4.d. The department shall maintain a record of all substantiated complaints against registered informal or relative family child care homes and subsequent corrective action. The department will provide this record to parents and the public upon request.
4.4.e. A regular certificate of registration is valid for a period of up to two years from the date of issuance unless revoked.
4.5. Limitations on a Certificate of Registration.
4.5.a. Based on the findings below, the secretary may place limitations on a certificate of registration:
4.5.a.1. Provision of other home-based services, such as foster care and adult family care; or
4.5.a.2. Non-compliance issues that require a corrective action plan approved by the secretary.
4.5.b. The limitations may apply to:
4.5.b.1. The age, gender, and type of problems of children in care;
4.5.b.2. The intake of additional children; or
4.5.b.3. The total number of children in the home.
4.6. Waivers and Variances.
4.6.a. An informal or relative family child care home may request a waiver or variance of any requirement in this rule if:
4.6.a.1. The health, safety, or well-being of children in the home is not adversely affected; and
4.6.a.2. The rule does not prohibit a waiver or variance for the requirement.
4.6.b. If the caregiver wishes to request a waiver or variance, the caregiver shall submit a written request addressed to the secretary that includes the following information:
4.6.b.1. The specific requirement to be waived or varied;
4.6.b.2. The reasons for seeking a waiver or variance and why a specific requirement should not be applied in a particular circumstance; and
4.6.b.3. The reasons for seeking a variance and how compliance with a specific requirement of this rule can be accomplished in a manner different from that set forth in W. Va. Code §49-2-101 et seq., W. Va. Code §49-2-202 et seq., or in this rule.
W. Va. Code R. § 78-20-5 Inspection and Investigation
5.1. A caregiver shall allow a reasonable on-site monitoring inspection by the department.
5.2. The department may conduct inspections with or without advance notice.
5.3. During inspections, the caregiver shall provide access to the premises and to all aspects of the informal or relative family child care home operation, including the children in care and the household members.
5.4. An informal or relative family child care home shall ensure that its records are available in easily accessible files for inspection.
5.5. An informal or relative family child care home shall cooperate in the investigation of complaints against the home.
W. Va. Code R. § 78-20-6 Caregiver, Substitute, and Household Member Requirements
6.1. General Requirements.
6.1.a. The caregiver or substitute shall be:
6.1.a.1. At least 18 years of age; and
6.1.a.2. Able to read and write or have another adult present in the home, during the hours of care, who is able to read and write.
6.1.b. The caregiver or substitute shall ensure that alcoholic beverages or illegal substances are not used, and that no one present in the home is under the influence of those substances during the time children are in care.
6.1.c. A caregiver or substitute may not be impaired by any substance, medication, or medical cannabis to a level that would impair his or her ability to care for children.
6.1.d. The caregiver may only use a substitute to provide care for children during emergency situations, illness, and during occasional non-emergency situations such as vacations, child care training, and medical appointments.
6.1.e. A caregiver shall be physically present at the informal or relative family child care home and within sight or hearing of all children in care.
6.2. Health Requirements.
6.2.a. The caregiver shall, at his or her own cost, obtain a statement of good health from a licensed physician within 30 days of application for a certificate of registration and upon application for renewal of the certificate of registration. Statements of good health may be dated up to six months prior to application or renewal. The caregiver shall submit a copy of the medical report to the department and retain the original for the caregiver’s files.
6.2.b. If an investigation determines a caregiver or household member may have a physical, mental, or emotional condition that could negatively impact the care of children, the caregiver shall provide a current physical or psychological examination report from a licensed physician or a licensed mental health professional assessing the condition and its impact on the provision of care for children, which will be used by the department to determine whether to continue, deny, or place limits on the certificate of registration.
6.3. Training Requirements.
6.3.a. An informal relative caregiver shall complete approved pre-service health and safety training prior to providing care.
6.3.b. A relative caregiver shall complete an initial two hours of approved health or safety training within 30 days of application.
6.3.c. Informal and relative caregivers shall obtain approved training in pediatric cardiopulmonary resuscitation (CPR) and first aid within three months of initial registration;
6.3.d. Informal and relative caregivers may obtain approved health and safety training through the local child care resource and referral agency or the local child and adult care food program.
6.3.e. Thereafter, a caregiver shall annually complete at least one hour of self-directed study related to child development.
6.3.f. A caregiver providing care for children under 13 months of age shall, within 60 days of accepting the child into care, complete either:
6.3.f.1. A Sudden Infant Death Syndrome self-study packet; or
6.3.f.2. Other approved Sudden Infant Death Syndrome training.
6.4. Background Checks.
6.4.a. A caregiver shall ensure that a state and federal fingerprint-based criminal background investigation is performed on the caregiver and each adult household member pursuant to the provisions of the West Virginia Clearance for Access: Registrary and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., and 69CSR10 and shall keep the following information on file:
6.4.a.1. A completed and signed WV CARES self-disclosure application and consent form. A copy of the form shall be on file and uploaded to the WV CARES system no later than the date of approval to operate;
6.4.a.2. A variance or waiver if the individual has convictions or pending charges of disqualifying offenses;
6.4.a.3. A fitness determination of eligibility from the WV CARES unit; and
6.4.a.4. The caregiver shall update the documentation of a completed background check in the caregiver’s and each adult household member’s file at the expiration of rap back enrollment.
6.4.a.5. A state check shall be done in any other state where the caregiver and each adult household member has resided in the past five years. Fingerprint checks for other states are optional.
6.4.a.6. A new household member must have his or her criminal background check completed within 180 days of moving into the household.
6.4.b. A state check of the sex offender registry or repository shall be done in the state where the caregiver and each adult household member currently resides and shall be done in any other state where the caregiver and each adult household member has resided in the past five years.
6.4.c. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides, and shall be repeated every five years.
6.4.d. The secretary shall not grant a certificate of registration to an informal or relative family child care home if the caregiver or a household member is an active recipient of child or adult protective services or has a history of substantiated child or adult abuse or neglect as determined by a court of law or an investigation by the department’s protective services staff.
6.4.e. The secretary shall not grant a certificate of registration to an informal or relative family child care home if the caregiver or a household member:
6.4.e.1. Is currently under indictment or charged with any crime referenced in paragraph 6.4.e.3;
6.4.e.2. Is on parole or probation for a felony or disqualifying offense;
6.4.e.3. Has been convicted of any of the disqualifying offenses as defined in W. Va. Code §16-49-1 and 69CSR10-2.10; or
6.4.e.4. Other crimes that the secretary determines may pose a risk to children.
6.4.f. If the caregiver or household member fails to report convictions to the department, the informal or relative family child care home shall not operate or continue operations unless the caregiver requests a waiver or variance, and it is approved by the secretary.
6.4.g. An informal or relative family child care home shall report charges, indictments, and convictions of caregivers and household members to the department within 24 hours of their occurrence. If the informal or relative family child care home fails to report charges, indictments, and convictions within 24 hours of the their occurrence, the department will revoke the certificate of registration.
6.5. Informal Family Child Care Home Capacity.
6.5.a. An informal family child care home shall have no more than three children under 13 years of age in care at any one time.
6.5.b. The number of children in the informal family child care home includes children under six years old who live in the home.
W. Va. Code R. § 78-20-7 Home Safety Requirements
7.1. Home Requirements. An informal or relative family child care home shall have working heat, electricity, indoor plumbing, a cook stove, a refrigerator, and access to a working telephone or communications device.
7.2. Safety Barriers. Safety gates shall be provided at the top and bottom of stairs that are accessible to children under 24 months of age.
7.3. Hazards. Informal or relative family child care homes shall:
7.3.a. Store cleaning supplies, detergents, aerosol cans, pesticides, poisons, flammable materials, poisonous or unknown plants, medicines, alcoholic beverages, medical cannabis, and toxic materials out of the reach of children under six years of age;
7.3.b. Store hazardous materials separately from food items; and
7.3.c. Store guns, ammunition, hunting knives, bows and arrows, and other weapons in a locked cabinet or locked closet.
7.4. Heating. Unvented gas heaters may be used as a source of heat when both of the following requirements are met:
7.4.a. A properly functioning digital carbon monoxide detector has been installed in a central location in the home; and
7.4.b. The heater is equipped with an oxygen depletion sensor that automatically shuts the heater off if a hazardous level of carbon monoxide accumulates.
7.5. Pets and Animals. An informal or relative family child care home shall:
7.5.a. Confine animals that are sick, aggressive, or injured in an area not accessible to children;
7.5.b. Keep pets such as birds, ferrets, reptiles, or wild animals in an area of the home or the premises that is not accessible to children and away from food preparation areas; and
7.5.c. Keep documentation available on site of rabies vaccinations for all cats and dogs kept on the premises.
7.5.d. When pets are living in the home, an acknowledgement must be signed by a parent of all children in care verifying that the following information was made available: the type of pet, breed of pet, spay/neuter status, and vaccination status. The caregiver must notify parents two weeks prior to a new pet being brought into the home.
7.6. Play Areas. Indoor and outdoor play areas shall be free from vehicle traffic and unsanitary or hazardous items.
7.7. Electrical Safety.
7.7.a. Caregivers shall install protective covers on all unused electrical outlets accessible to children who are under five years of age.
7.7.b. Extension cords shall be maintained in good condition, UL approved, and not run under carpets or rugs, or through common walkways unless stabilized to prevent tripping.
W. Va. Code R. § 78-20-8 Fire Safety
8.1. One working smoke detector shall be installed on every level of the home.
8.2. An ABC-rated multi-purpose fire extinguisher shall be available in the home at all times.
W. Va. Code R. § 78-20-9 Health, Sanitation, and Nutrition
9.1. Health -- The caregiver shall obtain from the child’s parent a record of each child’s health examinations and immunizations and maintain the information in a file according to the following guidelines:
9.1.a. A general medical examination shall be obtained for all children within 30 days of admission to the home. The examination may be completed no more than six months prior to the child’s admission to the home.
9.1.b. The caregiver shall provide parents with a WV HealthCheck periodicity chart for child health exams and shall obtain from the parent a new health assessment updated with new or current information at least every two years for any child under the age of six years. 9.1c. Immunization records shall be completed and updated according to the schedule recommended by the department.
9.1.d. If immunizations are not current, the caregiver shall obtain a schedule for completion from the parent for the informal or relative family child care home’s files, unless the parent provides written documentation from a physician that immunizations are contraindicated due to the child’s medical condition. A grace period is permitted for children experiencing homelessness and children in foster care based on the individual circumstances of the child.
9.2. Sanitation.
9.2.a. The informal or relative family child care home shall have sufficient safe water for drinking, hand washing, and other household needs.
9.2.b. The caregiver and the children shall thoroughly wash their hands with soap and water for at least 20 seconds any time they are soiled, including at the following times:
9.2.b.1. Before eating;
9.2.b.2. Before handling or preparing foods;
9.2.b.3. After contact with animals;
9.2.b.4. Before and after diaper changing, assisting a child with toilet use, or personal bathroom use; and
9.2.b.5. When the caregiver or the children come into contact with blood or bodily fluids containing blood.
9.2.c. The caregiver shall store food and drinks in closed containers and refrigerate as needed.
9.2.d. To ensure the cleanliness of the home the caregiver shall:
9.2.d.1. Cover garbage cans with lids or place cans in an area inaccessible to children, maintain them in a sanitary manner with liners, and empty them daily;
9.2.d.2. Clean and disinfect bathroom facilities used by the children daily and when soiled;
9.2.d.3. Clean dishes in a dishwasher or in hot water and detergent. If they are washed by hand, they shall be rinsed thoroughly and allowed to air dry;
9.2.d.4. Maintain the informal or relative family child care home and furnishings in a safe and sanitary condition to prevent accidents and illnesses; and
9.2.d.5. Ensure that the informal or relative family child care home is free of rodent or insect infestation.
9.3. Nutrition. Children shall receive nutritious meals and snacks, served in a sanitary manner and in amounts adequate to meet their nutritional needs, based on current United States Department of Agriculture’s Dietary Guidelines for Americans.
W. Va. Code R. § 78-20-10 Water Safety
10.1. The caregiver shall obtain written permission from parents before all water play or swimming activities, or both.
10.2. The informal or relative family child care home shall ensure that all pools and hot tubs are either emptied or inaccessible to children when not in use.
10.3. A caregiver shall be physically present and supervise the children at all times during water play or swimming activities, or both.
W. Va. Code R. § 78-20-11 Emergency Practices
11.1. Emergency Information -- An informal or relative family child care home shall ensure that written emergency information is available near the telephone or other communications device within easy access of the caregiver, children, and substitutes that contains telephone numbers for the following:
11.1.a. Police and fire departments;
11.1.b. The child abuse and neglect hotline;
11.1.c. Ambulance service;
11.1.d. A poison control center or the universal poison control center telephone number 1-800-222-1222;
11.1.e. Each parent’s work and home;
11.1.f. A health care provider for each child; and
11.1.g. An emergency substitute, if applicable.
11.2. Prior to each child’s placement in the home, the provider shall obtain emergency contact information for each child, which includes emergency contacts, family information, and permission to seek medical treatment. The provider shall:
11.2.a. Maintain the emergency information in the provider’s records;
11.2.b. Update emergency information records when information changes; and
11.2.c. Ensure that emergency consent forms are notarized.
11.3. Evacuation Plan -- An informal or relative family child care home shall develop and post a written plan for an emergency evacuation in the event of fire, natural disaster, or other threatening situations that may pose a health or safety hazard to the children in the informal or relative family child care home. The plan shall include, but not be limited to:
11.3.a. A designated relocation site and evacuation site;
11.3.b. Procedures for notifying parents of the relocations and ensuring family reunification;
11.3.c. Procedures to address the needs of individual children including children with special needs; and
11.3.d. Coordination with local emergency management officials.
11.3.e. The informal or relative family child care home shall:
11.3.e.1. Update the evacuation plan by December 31 of each year and provide a copy to the child care regulatory specialist. If the provider fails to update the plan, the child care regulatory specialist shall take no action against the provider’s certificate of registration until notice is provided and the provider is given 30 days after the receipt of notice to provide an updated plan.
11.3.e.2. Retain an updated copy of the plan for evacuation and shall provide notice of the plan and notification that a copy of the plan will be provided upon request to any parent, custodian, or guardian or each child at the time of the child’s enrollment in the child care service and when the plan is updated.
11.3.f. The fire evacuation plan shall include a drawing of the primary and secondary exits from all areas of the house and meeting places for the children once they have exited the home.
11.3.g. An informal or relative family child care home shall conduct monthly fire evacuation drills and maintain a written record of when they are conducted.
11.3.h. An informal or relative family child care home shall develop, implement, and maintain a written procedure to practice moving to a safe location within the home at least two times a year and record the dates and times when the practice sessions are conducted; and
11.3.j. An informal or relative family child care home shall develop, implement, and maintain a written procedure for practicing relocation with the operator and volunteers two times per year and record the dates and times when the practice sessions are conducted.
11.4. First Aid Supplies -- An informal or relative family child care home shall keep the following first aid supplies available in a portable container and ensure they are out of the children’s reach:
11.4.a. A digital thermometer;
11.4.b. Disposable gloves;
11.4.c. Blunt-tipped scissors;
11.4.d. Tweezers;
11.4.e. Bandage tape;
11.4.f. Sterile gauze;
11.4.g. Non-medicated adhesive strips;
11.4.h. Sealed packages of alcohol wipes or antiseptic;
11.4.i. Soap;
11.4.j. A first aid guide; and
11.4.k. CPR mouthpiece.
W. Va. Code R. § 78-20-12 Transportation
12.1. When transporting children, the caregiver shall:
12.1.a. Accompany children on activities that require transportation;
12.1.b. Ensure the driver transporting the children has a valid drivers license; and
12.1.c. Ensure the vehicle used to transport the children is maintained in safe running condition, with insurance and a current inspection sticker.
12.2. An informal or relative family child care home shall ensure that children are secured in an approved child safety seat or in individual seat belts, as required by W. Va. Code §17C-15-46.
W. Va. Code R. § 78-20-13 Program and Equipment
13.1. Daily Routine -- An informal or relative family child care home shall have a daily routine appropriate to the ages of the children in care that includes:
13.1.a. Specific meal times;
13.1.b. Nap times for children who need them;
13.1.c. Indoor play time; and
13.1.d. Outdoor play time on days when temperatures are 40 degrees and above, weather and circumstances permitting.
13.2. Program -- An informal or relative family child care home shall implement a program that is appropriate to the ages and stages of development of the children in care and enhances the healthy growth and development of the children.
13.3. Equipment -- An informal or relative family child care home shall select toys, equipment, and activities that are nontoxic, safe, sturdy, easy to clean, and free of hazards.
§78-19-14. Guidance and Discipline.
14.1. Guidance.
14.1.a. The caregiver shall use guidance that helps the children understand appropriate behavior and is appropriate to their ages.
14.1.b. An informal or relative family child care home shall have rules that are fair, consistent, and relevant to the children’s ages.
14.1.c. An informal or relative family child care home may use a time-out that lasts no more than one minute for each year of a child’s age and only for the purpose of helping a child regain control.
14.1.d. The caregiver and parents shall discuss and agree upon positive methods of guidance that encourage a child’s acceptable behavior.
14.2. Discipline -- A caregiver, household member, or substitute shall not use any of the following harmful forms of discipline:
14.2.a. Punishing a child physically including spanking, hitting, kicking, biting, shaking, swatting, thumping, pinching, popping, shoving, spitting, or other cruel treatment;
14.2.b. Punishing or threatening a child in association with food, sleep, rest, or toilet training;
14.2.c. Putting anything in or on a child’s mouth as punishment;
14.2.d. Confining a child in a closet or locked room or using physical restraints for confinement;
14.2.e. Using loud, profane, or abusive language or threats of physical punishment;
14.2.f. Punishing a child psychologically including public or private humiliation, shaming, and negative remarks about the child or child’s family;
14.2.g. Punishing a child emotionally including rejecting, terrorizing, ignoring, or isolating the child; and
14.2.h. Allowing a child or other adult to punish the children in care.
14.3. A caregiver shall not seek or accept parental permission to use any punishments or acts prohibited in this rule.
W. Va. Code R. § 78-20-15 Children Under 24 Months of Age
15.1. Equipment -- An informal or relative family child care home:
15.1.a. Shall provide children under 13 months of age with a crib, port-a-crib, or playpen that has no more than 2 3/8 inches between slats, side, or end panels;
15.1.b. Shall not allow children under 13 months of age to sleep on any type of adult bed or sofa;
15.1.c. Shall not place soft pillows or stuffed animals in beds with children under 13 months of age during sleep or nap times;
15.1.d. Shall ensure that high chairs, infant swings, playpens, and cribs are safe, sanitary, and in good working condition; and
15.1.e. Shall disinfect toys and play equipment used by children under 24 months of age after each use.
15.2. Feeding and Care -- An informal or relative family child care home caring for infants and toddlers shall:
15.2.a. Hold infants six months of age and younger while bottle-feeding. Bottle propping is prohibited;
15.2.b. Place an infant who is unable to turn over independently on his or her back to sleep unless medical documentation prohibits sleep in that position;
15.2.c. Visually observe and check on children in cribs and playpens every 15 minutes; and
15.2.d. Discard any unused breast milk within two hours of feeding.
15.3. Diapering and Toilet Training.
15.3.a. A caregiver caring for children in diapers shall:
15.3.a.1. Have sufficient quantities of clean diapers available; and
15.3.a.2. Change diapers when they are soiled and dispose of them in a closed container that is emptied daily.
15.3.b. An informal or relative family child care home caring for a child who is toilet training shall discuss and agree with the child’s parent on a schedule for toilet training.
W. Va. Code R. § 78-20-16 Required Reporting to the Department
16.1. An informal or relative family child care home shall immediately report suspected child abuse or neglect to the department in accordance with W. Va. Code §49-2-101 et seq., and W. Va. Code §49-2-202 et seq.
16.2. An informal or relative family child care home shall immediately report to the department any accidents or illnesses resulting in emergency treatment, hospitalization, or the death of a child and follow up with a written report form prescribed by the department within 72 hours.
16.3. An informal or relative family child care home shall report the following within 72 hours:
16.3.a. An adult added to the household so a criminal history background check can be completed;
16.3.b. Major damage to the home caused by fire, flood, or storms;
16.3.c. A change in address; and
16.3.d. A change in phone number.
W. Va. Code R. § 78-20-17 Enforcement Action
The department may enforce this rule by revocation of a certificate of registration, or by immediate closure, or both, in accordance with W. Va. Code §49-2-101 et seq., and W. Va. Code §49-2-202 et seq.
W. Va. Code R. § 78-20-18 Administrative and Judicial Review
18.1. In accordance with W. Va. Code §49-2-101 et seq., an informal or relative family child care home may seek an administrative review of a decision made by the secretary by requesting a hearing within 30 days of receiving the notice of the decision.
18.2. An informal or relative family child care home may also seek immediate relief from the decision of the secretary by a showing of good cause made by verified petition to the Circuit Court of Kanawha County or the circuit court of the county where the home is located.
78CSR20
78CSR20
Series 21 Out Of School Time Child Care Center Licensing
W. Va. Code R. § 78-21-1 General
1.1. Scope. -- This rule establishes minimum standards and procedures for the licensing of child care centers operating an out-of-school-time program under the provisions of W. Va. Code §49-2-101 et seq. and related federal and state codes.
1.2. Authority. -- W. Va. Code §49-2-121.
1.3. Filing Date. – March 30, 2023.
1.4. Effective Date. – April 1, 2023.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2028.
1.6. Purpose. -- This rule governs the regulation of out-of-school time programs in West Virginia.
W. Va. Code R. § 78-21-2 Application and Enforcement
2.1. Application. This rule applies to any child care center operating an out-of-school-time child care program in West Virginia. The provision of rules applicable to hiring prohibitions in 78CSR21-7.5 shall apply retroactively and prospectively as these rules are regulatory in nature and are not meant to be penal.
2.2. This rule does not apply to child care centers operating programs for children younger than school age who are not Pre-K students; such programs are licensed under 78 CSR 1, Child Care Centers Licensing.
2.3. Enforcement. This rule is enforced by the Secretary of the Department of Health and Human Resources.
W. Va. Code R. § 78-21-3 Definitions
3.1. Adequate Supervision. -- The observation, oversight, and guidance of the individual child or groups of children, by the staff member taking responsibility for the ongoing activity of each child or group of children so that the staff member is close enough to intervene, if necessary, to protect the child from harm. Adequate supervision requires the staff member’s physical presence, knowledge of the child’s program of activities, individual needs, habits, interests, and special problems, if any, and the acceptance of accountability for the child’s or group’s care.
3.2. Approved Source. -- Food preparation from a source approved by the Health Department through an inspection or permit process, or commercially packaged consumables.
3.3. Approved Training. -- Training that has been approved by the Secretary.
3.4. Authorization and Release for Protective Services Record Check. -- A document provided by the Department, signed by a program’s prospective staff member or employee, granting permission to conduct a search of Department records related to his or her involvement in child or adult abuse and neglect allegations, or other investigations documented by the Secretary.
3.5. Child. -- For the purpose of this rule, an individual who is less than 13 years of age.
3.6. Child Abuse and Neglect. -- Physical injury, mental or emotional injury, sexual abuse, sexual exploitation, the sale or the attempted sale, or negligent treatment or maltreatment of a child by a parent, guardian, or custodian responsible for the child’s welfare, under circumstances which harm or threaten the health and welfare of the child.
3.7. Child Care Center. -- A facility maintained by the state or any county or municipality thereof, or any agency or facility operated by an individual, firm, corporation, association, or organization, public or private, for the care of 13 or more children for child care services in any setting, if the facility is open for more than 30 days per year per child, except those facilities, centers, programs, and individuals set forth in W. Va. Code §49-2-101.
3.8. Child Care Setting -- Any regulated setting providing child care services to children, typically between six weeks through 12 years of age to include relative and informal child care homes, family child care homes, family child care facilities, child care centers, and Out-of-School Time programs.
3.9. Criminal History Background Check -- A review of information pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., and 69CSR10, and an examination of protective service records to determine eligibility for employment or participation under this rule.
3.10. Disinfect. -- Eliminate virtually all germs from an inanimate surface through the use of chemicals or heat.
3.11. Driver. -- A staff member who transports program children more than 3 times per week or a staff member whose job function is to transport children served by the child care program.
3.12. GED. -- A certificate verifying passage of a test of General Educational Development recognized as equivalent to a high school diploma.
3.13. Group. -- A specific number of children, distinct from the larger population of children, who interact with each other and with one or more specific staff members, in an assigned space. The size of the group and required number of staff are determined by the staff: child ratio set out in this rule.
3.14. License. -- A written certificate issued by the Secretary authorizing a person, corporation, partnership, voluntary association, municipality, county, or any agency thereof, to operate a child care program in accordance with the terms and conditions of the license and this rule.
3.15. Licensed Capacity. -- The maximum number of children permitted in a program as determined by the Secretary.
3.16. Licensed Health Care Provider. -- For the purpose of this rule, an individual who holds a license to practice in West Virginia as a physician -- Doctor of Medicine (MD) or Doctor of Osteopathy (DO), a physician’s assistant (PA), chiropractor or nurse practitioner.
3.17. Licensee. -- The holder of a license or certificate of approval obtained from the Secretary to operate a child care program in West Virginia.
3.18. Medication Error. -- The following constitutes an error:
3.18.a. Failure to administer a dose of medication;
3.18.b. Administering medication to the incorrect child;
3.18.c. Administering medication in the incorrect dosage;
3.18.d. Administering medication at the incorrect time, other than within 30 minutes before or after the scheduled time;
3.18.e. Administering medication in the incorrect form;
3.18.f. Administering medication by the incorrect method or route; or
3.18.g. Administering medication that is incorrect itself.
3.19. Out-of-school-time Program. -- A program that offers activities to school children before or after school, or both, on school holidays, when school is closed because of an emergency, and on school calendar days set aside for teacher activities. Breaks between school sessions that exceed 15 days are not considered a school holiday.
3.20. Parent. -- The biological or adoptive parent or parents of a child, a person or persons, or the Department, who has legal custody of a child, or the lawful guardian of a child.
3.21. Person-in-Charge. -- The qualified staff member with responsibility for the daily operation of the program at any specific time.
3.22. Plan of Correction. -- A written agreement between the Department and a program, approved prior to implementation, that outlines the steps the program shall take to correct deficiencies identified by the Secretary through an inspection or the investigation of a complaint. Also known as a Corrective Action Plan (CAP).
3.23. Pre-K. -- WV Pre-K program operated in accordance with 126CSR28, West Virginia’s Universal Access to a Quality Early Education System (Policy 2525).
3.24. Pre-service Training -- Training completed by all child care staff and applicable volunteers as required by the S1086 Child Care and Development Block Grant (CCDBG) Act of 2014, Section I. Health and Safety Requirements Pre-Service Training Modules 1-10 Safe Spaces, Emergency Preparedness, Hazardous Materials, Shaken Baby, Safe Sleep/Sudden Unexpected Infant Death Syndrome (SUIDS), Infectious Diseases, Medication Administration, Food Allergies, Transportation, and Child Development must be completed to meet compliance.
3.25. Public restroom. -- A restroom that is routinely available for use by persons that are not part of the center’s program. A public restroom can be located either on or off site.
3.26. Qualified Staff. -- A staff member who has a high school diploma or GED and meets the requirements under this rule for the position of director, site supervisor, group leader, or assistant group leader.
3.27. Registered Apprenticeship Certificate for Child Development Specialist (ACDS). -- A nationally recognized credential awarded by the United States Department of Labor for the successful completion of a combination of classroom and on-the-job training.
3.28. Related Field. -- As approved by the Secretary, an area of study that may be associated with the child care and education field, including education, social work, recreation, and leisure studies, nursing, counseling, psychology, and administration related to the care and education of the child from birth through 12 years of age.
3.29. Relevant Work Experience. -- Work that is directly with or on behalf of children from birth through 12 years of age, and their families in areas of supervision, leadership, or management; program coordination, development or regulation; training, instruction or technical assistance; or evaluation or research. Private or family child care is considered relevant work experience only if the care can be verified.
3.30. Responsible Person. -- A parent, program staff member, or other person designated by the parent in written information, to drop off or pick up the child.
3.31. School-age Child. -- A person who is between five and 13 years of age and is eligible to attend school or is enrolled in grades K-12.
3.32. School-age Program. -- Services provided by a child care center for the care and supervision for school-age children. Such programs include summer recreation camps, day camps and out-of-school-time programs.
3.33. Secretary. -- The Secretary of the Department of Health and Human Resources or his or her designee.
3.34. Self-disclosure Application and Consent form -- A signed declaration of criminal convictions, indictments, and court ordered supervision, and authorization to allow a criminal history background check.
3.35. Serious Injury. -- An injury sustained while in care that requires medical care beyond immediate first aid.
3.36. Serious Occurrence. -- An event that either harms or could potentially harm a child. It may include:
3.36.a. A child who dies while in care;
3.36.b. A child who is injured while in care to the extent that the child requires medical care beyond immediate first aid;
3.36.c. A diagnosed reportable communicable disease that is introduced in the program;
3.36.d. A medication error that occurs;
3.36.e. A legal action involving or affecting the operation of the program;
3.36.f. A serious violation of a licensing requirement, such as use of physical punishment or failure to supervise; or
3.36.g. A report is made to Child Protective Services of suspected abuse or neglect of a child at the program.
3.37. Staff-to-Child Ratio. -- A relationship which describes the number of children that one qualified staff member or substitute is permitted to supervise. The number varies according to the ages and developmental levels of the children and the types of activities in which they are participating.
3.38. Staff Member. -- Any program personnel, including substitutes and student interns, whether or not he or she receives compensation.
3.39. Student Intern. -- A student in a field of study gaining supervised practical experience.
3.40. Substitute. -- An individual who is present at the program to maintain the staff to child ratio when a qualified staff member is absent.
3.41. Teen Aide. -- An individual who is between 13 and 18 years of age who works with or without compensation under direct supervision.
3.42. Tuberculosis (TB) Risk Assessment. -- A tool used to identify people at increased risk for acquiring latent TB infection or for progression to active disease once infected. Any “YES” response of the TB Risk Assessment Tool is considered a positive risk factor and is an indication for administering a tuberculin skin test.
3.43. Variance. -- A written declaration by the Secretary that a certain requirement of this rule may be satisfied in a manner different from that set forth in the rule.
3.44. Volunteer. -- An individual who provides a direct service to the program for two or more hours a week on a scheduled basis, without compensation, and is 18 years of age or older; provided, that a parent of an enrolled child working directly with his or her own child will not be considered a volunteer under this rule.
3.45. Waiver. -- A written declaration by the Secretary that a certain requirement may be treated as inapplicable in a particular circumstance.
W. Va. Code R. § 78-21-4 Licensing Information and Provisions
4.1. Requirements for a License or Certificate of Approval.
4.1.a. Before establishing or operating a child care center:
4.1.a.1. The program director, the signatories on the application and at least one additional member of the governing body shall verify in writing that he or she has read this rule and is responsible for compliance with its requirements;
4.1.a.2. If operating an out-of-school-time program, other than one operated by the state, shall obtain a license from the Secretary; and
4.1.a.3. Operated by the state shall obtain a certificate of approval from the Secretary.
4.1.b. A license is valid for up to two years from the date of issuance, as determined by the Secretary, unless revoked or modified to provisional status.
4.1.c. A license is valid only for the program and its location named in the application and is not transferable.
4.1.d. A licensee shall post the license or certificate of approval in a conspicuous place in the program so that the public may view it.
4.1.e. If the ownership of a program changes, the new owner shall apply for a license and shall not operate until an initial license is issued.
4.1.f. Before the location of a program changes, the licensee shall:
4.1.f.1. Inform the Secretary of the planned change at least 60 days prior to the relocation; and
4.1.f.2. Apply for a new license and shall not operate at the new location until an initial license is issued.
4.1.g. A center receiving a license under this rule may include a child younger than school age in the program only if the child is a West Virginia Pre-K student and the center’s statement of purpose addresses services to the Pre-K child.
4.2. Application for a License or Certificate of Approval.
4.2.a. For each facility to be licensed or approved, an applicant shall submit a completed application as prescribed by the Secretary.
4.2.b. A licensee shall submit an application for renewal of a license or certificate of approval to the Secretary not less than 60 days prior to the expiration of the current license.
4.3. Waivers and Variances.
4.3.a. A program shall comply with the provisions of W. Va. Code 49-2-101 et seq., the requirements of this rule, terms of its license or certificate of approval, and any plan of correction, unless a written waiver or variance has been granted by the Secretary. A program may not obtain a waiver of the requirements of this rule on the basis of the inability to achieve compliance with the rule.
4.3.b. A request for a variance or waiver shall be submitted to the Secretary in writing. The request shall include:
4.3.b.1. The specific requirement of this rule requested to be waived or varied; and
4.3.b.2. The reason or reasons for seeking a waiver or variance.
4.3.c. A waiver or variance of a specific provision of this rule may be granted by the Secretary only if the following criteria are met:
4.3.c.1. The program has documented and demonstrated that the provision of the rule is inapplicable in a particular circumstance, or that the program complies with the intent of the provision in the rule in a manner not permitted by the rule;
4.3.c.2. The health, safety, and well-being of a child is not endangered; and
4.3.c.3. The waiver or variance agreement contains provisions for a regular review of the waiver or variance.
4.3.d. The waiver or variance agreement is subject to immediate cancellation if a program fails to comply with the stated terms of this rule.
4.4. Amendment of a License or Certificate of Approval.
4.4.a. A current licensee shall apply for an amendment of a license or certificate of approval when:
4.4.a.1. Implementing an additional program or changing a program described in the statement of purpose; or
4.4.a.2. Seeking to change the licensed capacity of the program.
4.4.b. In addition to an application requesting an amendment, a licensee shall submit to the Secretary in writing any of the following that apply to the change:
4.4.b.1. A copy of the program’s revised statement of purpose as described in subsection 6.2. of this rule;
4.4.b.2. The qualifications of the director and staff members as they relate to the amendment;
4.4.b.3. A copy of the program’s revised plan for meeting program requirements and staff: child ratios;
4.4.b.4. A floor plan reflecting changes to the structure being used by a school age program;
4.4.b.5. A positive inspection report from the State Fire Marshal following any changes to the program’s facility;
4.4.b.6. A positive inspection from the county Health Department, including a current Department of Health Permit to operate a Child Care Center or a general sanitation permit, whichever applies;
4.4.b.7. The Department of Health Inspection Report for Food Service Establishments; and
4.4.b.8. A Pest Management Report as required by the West Virginia Department of Agriculture.
4.5. The Secretary may issue the following types of licenses:
4.5.a. An initial six-month license for applicants establishing a new service;
4.5.b. A regular or renewal license for a period of up to two years for a licensee in compliance with this rule;
4.5.c. A provisional license for a licensee not in full compliance with this rule who does not pose a significant risk to children. A provisional license expires six months from the date of issuance and may not be consecutively reissued.
4.6. Conditions of a License. As a condition of issuing a license the Secretary may:
4.6.a. Limit the age, problems, type of behaviors, physical or mental conditions of children allowed admission to a particular program;
4.6.b. Prohibit intake of any children; or
4.6.c. Reduce the number of children that the program is licensed to receive.
4.7. Denial or Revocation of a License.
4.7.a. The Secretary may deny, refuse to renew, or revoke a license if the program materially violates any provisions of W. Va. Code §49-2-117, violates any terms or conditions of the license, or fails to maintain established requirements of child care.
4.7.b. When the Secretary denies, refuses to renew, or revokes a license, the licensee shall not operate the program without a court order pending administrative or judicial review.
4.8. Closing of Program by the Secretary.
4.8.a. If the Secretary finds that the operation of a school age program constitutes an immediate danger of serious harm to the children served by the program, the Secretary shall issue an order of closure terminating the operation of the program.
4.8.b. A program ordered closed by the Secretary shall not operate pending administrative or judicial review without a court order.
4.9. Administrative and Judicial Review.
4.9.a. Administrative and judicial review are subject to the provisions of W. Va. Code §29A-5-1 et seq.
4.9.b. A decision issued by the Secretary may be made effective from the date of issuance. Immediate relief may be obtained upon a showing of good cause made by a verified petition to the Circuit Court of Kanawha County or the circuit court of any county where the affected program is located.
4.9.c. The pendency of administrative or judicial review shall not prevent the Secretary from obtaining injunctive relief pursuant to the W. Va. Code §49-2-120.
W. Va. Code R. § 78-21-5 Inspection and Investigation
5.1. An applicant or licensee shall permit the Secretary access to the program to conduct announced and unannounced inspections of all aspects of the program’s operation and premises.
5.2. A licensee shall provide all information requested by the Secretary.
5.3. When an inspection or complaint investigation finds non-compliance with this rule, the Secretary may require a plan of correction.
5.4. The Secretary may request the licensee to submit the results of a health examination, psychological examination or drug and alcohol screening result on the licensee or any personnel of the program if good cause is found during an inspection or investigation.
W. Va. Code R. § 78-21-6 Governance
6.1. Administrative Structure.
6.1.a. General. The Licensee is legally accountable for the operation of the program and shall ensure the program’s compliance with the provisions of W. Va. Code §49-2-101 et seq., and the requirements of this rule.
6.1.b. A program shall have a governing body to ensure that the responsibilities of the licensee are carried out.
6.1.b.1. The governing body shall be comprised of at least one parent of a child currently served by the program, or when no parent is available for the governing body, a parent advisory committee shall be established as described in this section;
6.1.b.2. No staff member, staff family member, or employee of a public agency that regulates or makes eligibility decisions for the program may serve, but the director may be an ex-officio non-voting member;
6.1.b.3. The governing body shall meet at least two times in a 12-month period and preserve in writing the minutes of each meeting, including but not limited to, the meeting’s date and time, members in attendance, issues considered, and decisions made; and
6.1.b.4. The governing body shall appoint a program director to manage the daily operations of the program; submit the director’s qualifications in writing for approval by the Secretary prior to employment; conduct an annual evaluation of the program director; and oversee any necessary action regarding the program director’s job performance.
6.1.c. An unincorporated, individual licensee (owner) may act as the governing body. In addition to the requirements listed in paragraph 6.1.b.4. of this rule, the owner shall appoint a parent advisory committee comprised of parents of children currently served by the program that meets with the program director at least two times in a 12-month period.
6.2. Statement of Purpose.
6.2.a. An applicant or licensee shall ensure that each program has a written statement of purpose that guides the program delivered to children and guides staff development. The statement of purpose will include, but not be limited to:
6.2.a.1. The type of care and programs offered;
6.2.a.2. The goals and objectives for each of the offered programs;
6.2.a.3. The ages of the children served;
6.2.a.4. The role of parents in the program;
6.2.a.5. The scheduled days and hours of operations; and
6.2.a.6. An organizational chart.
6.2.b. An applicant or licensee shall ensure that the statement of purpose is:
6.2.b.1. Available to staff members and consumers of the program;
6.2.b.2. Reviewed with all staff members whenever changes are made; and
6.2.b.3. Filed with the licensing authority when changes are made.
6.3. Administrative Manual.
6.3.a. An applicant or licensee shall ensure that each program has an administrative manual that includes the program’s policies and procedures with the dates they were implemented or revised, regarding:
6.3.a.1. Confidentiality and information disclosure;
6.3.a.2. Admission and discharge of children;
6.3.a.3. Behavior management;
6.3.a.4. Reporting of abuse;
6.3.a.5. Health, including, at a minimum, any parental objection to treatment, exclusion, and re-admittance of the child with a communicable illness, and medication administration;
6.3.a.6. Attendance;
6.3.a.7. Emergencies;
6.3.a.8. Transportation;
6.3.a.9. Grievance procedures; and
6.3.a.10. Personnel:
6.3.a.10.A. Employment and hiring qualifications;
6.3.a.10.B. Termination;
6.3.a.10.C. Use of uncompensated personnel such as student interns, student aids, or volunteers;
6.3.a.10.D. Background checks including criminal convictions, substantiated abuse and neglect findings and, if applicable, a waiver or variance request process;
6.3.a.10.E. Compensation;
6.3.a.10.F. Circumstances, if any, under which the program reserves the right to require drug and alcohol screening for drivers, other staff, and volunteers; and
6.3.a.10.G. Periodic performance evaluations.
6.3.b. An applicant or licensee shall ensure that the administrative manual is:
6.3.b.1. Available to staff members; and
6.3.b.2. Reviewed with all staff members when changes are made.
6.4. Standards of Ethical Conduct. A program shall not misrepresent or operate a program in any way that is misleading, deceptive, or illegal.
6.5. Grievance Procedure. A program shall develop and implement a written grievance procedure for families and employees. The procedure shall be written in clear and simple language and provided to families and staff.
6.6. Records and Information Disclosure.
6.6.a. Records. A program shall maintain the confidentiality of all child and staff records and shall have a procedure for secure storage, maintenance, and disposition of records.
6.6.a.1. A program shall retain a child’s record for a minimum of three years following the child’s discharge. The record shall include, but not be limited to, immunization record, admission or beginning service date, contact information for the parent of the child, contact information of the responsible person if designated by the parent, emergency information, agreements or acknowledgements signed by the parent pertaining to the child’s participation, and special instructions related to the child’s health and development. A grace period is permitted for children experiencing homelessness and children in foster care based on the individual circumstances of the child.
6.6.a.2. A program shall keep all current staff records on file according to the following:
6.6.a.2.A. A program that operates at more than one site shall keep current staff members’ emergency information on file at each location where a staff member is employed and at a central location; and
6.6.a.2.B. A program that operates at more than one site may keep all staff records at a central location as long as the central location is in West Virginia.
6.6.b. Information Disclosure.
6.6.b.1. A program shall keep all information about the child confidential and shall only disclose it to staff members caring for the child in accordance with the program’s policies and procedures.
6.6.b.2. A program shall obtain the written consent of the child’s parent before disclosing information about the child, including photographs, audio or video recordings, or verbal statements about the child, except when disclosing information to the Secretary or his or her designee.
W. Va. Code R. § 78-21-7 Staffing
7.1. This section applies to all program personnel including the private owners, volunteers, and parents who are used in a program capacity regardless of compensation.
7.2. This section does not apply to:
7.2.a. An adult not associated with the program who is in the facility for brief periods in the normal course of carrying out business or professional activities and is not left alone with nor aids in the supervision of children;
7.2.b. A parent of an enrolled child who is at the program only for the purpose of performing parental responsibilities in relation to his or her own child; or
7.2.c. A professional not associated with the program that performs a child specific service at the request of the child’s parent or guardian, such as a speech or occupational therapist.
7.3. Staffing Procedures.
7.3.a. A program shall provide each new staff member with a written notification that includes his or her position title, qualifications, duties, and responsibilities at the time of hiring.
7.3.b. A program shall conduct performance evaluations:
7.3.b.1. Annually on all staff employed; and
7.3.b.2. On all newly employed staff members at three months, six months, and 12 months in the first year of employment.
7.3.b.3. A program shall provide each staff member with a written copy of his or her most recent evaluation, signed by the program director and the evaluated staff member, and a continuing education plan based on the evaluation.
7.3.b.4. Prior to caring for children, all current staff, potential staff, and volunteers are required to complete approved pre-service training.
7.3.c. A program shall maintain a file for each staff member that includes:
7.3.c.1. A current job description;
7.3.c.2. Written references, including three professional references for the program director and two references for other staff members one of which must be from a person familiar with the staff person’s work;
7.3.c.3. Records of employment, including a duplicate copy of all performance evaluations;
7.3.c.4. Documents related to background checks;
7.3.c.5. Documents related to orientation and successful completion of approved pre-service training; and
7.3.c.6. Documents related to continuing education and professional development while employed at the center.
7.4. Staff Character and Background.
7.4.a. No person shall be on the premises or have contact with the children in care whose health or behavior would harm the children:
7.4.a.1. Who is under the influence of alcohol or an illegal drug, or
7.4.a.2. Whose functioning is impaired due to being under the influence of medical cannabis or a legal pharmaceutical.
7.4.b. Other than the exceptions cited in subdivision 7.4.c. of this rule, a program shall ensure that a criminal background investigation is performed on each staff member and volunteer pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §16-49-1 et seq., and 69CSR10 and shall keep the following information on file:
7.4.b.1. A completed WV CARES self-disclosure application and consent form. A copy of the form shall be uploaded to the WV CARES system and on file no later than the date of hire;
7.4.b.2. A fitness determination of eligibility from the WV CARES unit;
7.4.b.3. A state background check shall be completed in any other state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a state background check is required for the state in which they reside. Fingerprint checks for other states are optional. All staff members and volunteers must complete a criminal background check through WV CARES;
7.4.b.4. A variance or waiver if the individual has convictions or pending charges of disqualifying offenses; and
7.4.b.5. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the staff member or volunteer resided during the preceding five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a search shall be done in the state where the staff member or volunteer currently resides and shall be repeated every five years.
7.4.b.6. A state check of the sex offender registry or repository shall be done in the state where owners, operators, staff, and volunteers currently reside.
7.4.b.7. A check of the sex offender registry or repository shall be completed in another state where the staff member or volunteer has resided in the past five years. For a staff member or volunteer who works in the state of West Virginia and resides in another state, a check of the sex offender registry or repository shall be completed in the state in which they reside.
7.4.c. A program does not require a criminal records check on the following:
7.4.c.1. A new staff member who has on file at the program documentation of the required criminal history investigation within the previous 180 days;
7.4.c.2. A parent who transports children on an irregular basis for field trips without pay or compensation; or
7.4.c.3. A professional not associated with the center who is contracted to provide services for brief periods to the children under the direct supervision of program staff.
7.4.d. No person shall work with a child or children prior to the center receiving the required fitness determination of eligibility from the WV CARES unit.
7.4.e. The Secretary may require a criminal background check for good cause.
7.4.f. A center shall update the documentation of a completed background check in each staff member’s file at the expiration of Record of Arrest and Prosecution Background (RAP Back) enrollment.
7.4.g. A program shall require an individual over 13 and under 18 years of age, acting in the capacity of a teen aid or student intern, to have on file a signed affidavit from the individual’s parent stating that his or her child has never been arrested or convicted of an offense against a person. The affidavit shall be on file prior to the individual having direct contact with the children on a regular basis.
7.5. Hiring Prohibitions.
7.5.a. A program shall not employ or use an individual who is currently under indictment or has pending charges, is currently on parole or probation for a felony conviction or has been convicted or entered a plea of guilty or no contest to any of the disqualifying offenses as defined in W. Va. Code §16-49-1(8) and 69CSR10, or other crimes that the Secretary determines may pose a risk to children.
7.5.b. A program shall not employ or use any individual who is determined by the Department to have abused or neglected a child or incapacitated adult.
7.5.c. A program shall not employ or use an individual who has entered a plea of guilty or no contest or has been convicted of a disqualifying offense unless the Secretary grants a waiver or variance.
7.5.d. A program shall not use an individual who failed to disclose a conviction or a finding of abuse or neglect unless the Secretary grants a waiver or variance.
7.5.e. A program shall have protocols requiring:
7.5.e.1. A staff member or volunteer to report his or her criminal pending charge, indictment, or conviction for a criminal offense to the program director within 24 hours;
7.5.e.2. A staff member to report to the program director that he or she is subject of an abuse or neglect investigation;
7.5.e.3. The program to notify the Secretary of the staff member’s report within 24 hours; and
7.5.e.4. That the program prohibit a staff member or volunteer who is accused of having sexually abused or otherwise injured a child or incapacitated adult from caring for or having contact with children pending the outcome of an investigation.
7.5.f. If a program chooses to advocate for a waiver or variance for an employee, then it shall have policies and procedures regarding waivers or variances that do not conflict with Department policies. The staff person shall not have contact with the children until the Secretary reaches a decision on the waiver or variance unless the licensee and the Department agree to a written safety plan that permits the staff member to continue in a staff position until the Secretary reaches a decision.
7.6. Staff Health. A program shall secure from the employee a recent health assessment performed not more than 90 days prior to the date hired for the employee and signed by a licensed health care provider. The health assessment shall be on file no later than 30 days from the first date of employment. A health assessment for a volunteer shall be on file if the volunteer is scheduled to work at least 40 hours per month in the program. The health assessment shall include:
7.6.a. Any significant health history which the program needs to know in order to protect the health of the employee or the health and safety of children in care;
7.6.b. Vision and hearing screening;
7.6.c. A statement that the staff member has no known condition or disease which would interfere with the proper care of children; and
7.6.d. A tuberculosis risk assessment or a tuberculosis screening by the Mantoux method, if a screening is indicated by the tuberculosis risk assessment that is on file upon hire.
7.6.e. Staff health records as described in this section shall be updated every two years.
7.7. Staff Responsibilities and Training Requirements.
7.7.a. All staff must have sufficient education, training, and experience to provide the skills necessary for carrying out the essential functions of his or her job with or without reasonable accommodation;
7.7.b. Prior to or during the first week of employment and prior to having sole responsibility for a group of children, a program shall provide orientation to the staff member that includes a review of:
7.7.b.1. The program’s statement of purpose;
7.7.b.2. Regulatory requirements;
7.7.b.3. The center’s administrative manual;
7.7.b.4. Staff duties;
7.7.b.5. Professional development plans;
7.7.b.6. Reporting child abuse and neglect;
7.7.b.7. Emergency and evacuation procedures;
7.7.b.8. Procedures for basic sanitation and infection control;
7.7.b.9. Procedures for maintaining an environment without hazards to children;
7.7.b.10. Procedures for promoting safety, both indoors and outdoors;
7.7.b.11. The daily schedule of the program and the specific schedule for the group of children to which the staff person is assigned, including the planned program of activities, routines, and transitions; and
7.7.b.12. Communication at a program, including procedures to inform staff of any special dietary or other needs of the children for whom they will be responsible.
7.7.c. A program shall document that orientation training was provided by having the staff member and program director sign a statement acknowledging receiving orientation training and shall keep the statement in the staff member’s file.
7.7.d. A program shall ensure that all staff members have approved training in:
7.7.d.1. Cardiopulmonary Resuscitation (CPR) and first aid within three months of employment or use provided a staff member who has received the training is present with children on or off site during the center’s operation. The CPR certification and first aid shall be appropriate to the age of the children in care; and
7.7.d.2. Abuse Recognition and Prevention. Within three months of employment or use, staff members shall have training in child abuse recognition and prevention.
7.7.e. A program shall ensure that prior to any staff member administering medication; the staff member has received approved training in medication administration.
7.8. Professional Development.
7.8.a. Programs shall have a professional development plan for each staff member employed more than 120 calendar days that includes a minimum of 12 clock hours of professional development annually for Directors and Site Supervisors and 8 clock hours of professional development annually for other staff positions. The professional development needs to be related to school age children or providing quality programs to school age children, or both. Except in the first year of employment, the clock hours do not include the training required in subdivision 7.7.d.
7.8.b. All staff shall renew child abuse and neglect recognition every three years and keep first aid and CPR certification current.
7.9. Staff Positions and Qualifications.
7.9.a. Director of an out-of-school-time program shall:
7.9.a.1. Be at least 21 years of age;
7.9.a.2. Have at least one year of leadership experience in a school age program or similar program;
7.9.a.3. Be responsible for the daily operation of the program and oversight of staff;
7.9.a.4. Have a written work plan for the routine on-site presence for each site under his or her responsibility and shall post the on-site schedule where it is accessible to staff and parents; and
7.9.a.5. Be responsible for appointing a person in charge to take responsibility for the operation of the program in his or her absence and be responsible for ensuring that there is a site supervisor for each site when the program operates multiple sites;
7.9.b. Site Supervisor of an out-of-school-time program shall:
7.9.b.1. Be at least 21 years of age;
7.9.b.2. Have 18 months of supervised relevant work experience;
7.9.b.3. Be responsible for the day-to-day operation of a single site;
7.9.b.4. Report to the program director; and
7.9.b.5. Not act in the capacity of a group leader when more than 60 children are present in the program.
7.9.c. Group Leader shall:
7.9.c.1. Be at least 18 years of age;
7.9.c.2. Have one year of supervised relevant work experience;
7.9.c.3. Be able to supervise and implement program activities for a group of children with or without assistance; and
7.9.c.4. Have primary responsibility for the direct care of children.
7.9.d. Assistant Group Leader shall:
7.9.d.1. Be at least 18 years of age;
7.9.d.2. Have met the requirements for a high school diploma or GED and will receive the same within six months;
7.9.d.3. Work under the supervision of at least a Group Leader and shall assist in implementing program activities for a group of children.
7.9.e. Student Intern shall:
7.9.e.1. Perform duties under the direct supervision of a Group Leader, Site Supervisor, or Director and in accordance with a training plan developed jointly by the educational or training institution and the center;
7.9.e.2. Receive periodic supervision from the educational or training program sponsoring the intern; and
7.9.e.3. If under the age of 18 years, not be responsible for a group of children or be left alone with a child or group of children.
7.9.f. Teen aid shall:
7.9.f.1. Be between the ages of 13 and 18 years;
7.9.f.2. Be directly supervised by at least a Group Leader;
7.9.f.3. Aid staff only in the delivery of program activity; and
7.9.f.4. Not be responsible for a group of children or be left alone with a child or group of children.
7.9.g. Driver. A driver shall:
7.9.g.1. Be at least 21 years of age;
7.9.g.2. Have a valid driver’s license that authorizes the driver to operate the vehicle being driven;
7.9.g.3. Upon hire, have evidence of a safe driving record for the five-year period prior to hiring and have no record of DUI related convictions for a five-year period;
7.9.g.4. Not be impaired to drive at the time of transporting children including, but not limited to, impairment caused by medications; and
7.9.g.5. Maintain a safe driving record while employed.
W. Va. Code R. § 78-21-8 Environment
8.1. Licensed Capacity. A center shall ensure that at all times the maximum number of children participating in activities on or off the premises does not exceed the licensed capacity. Personnel and group size may be factored into the maximum capacity for certain age groups.
8.2. Space.
8.2.a. A center shall provide a minimum of 35 square feet per child of usable indoor space that is approved by the Secretary for daily program activities. A center shall make the rooms and areas of the center that are not approved for a child’s use inaccessible to the children.
8.2.b. Indoor space for daily program activities does not include any space that is not available for a child’s activities including space occupied by columns, vestibules, corridors, and areas to be clear for a means of egress; fire escapes; areas used exclusively for eating; bathrooms; staff lounges; adult work areas including offices, laundry, and furnace rooms; kitchens; permanently equipped isolation areas; and storage spaces.
8.2.c. For out-of-school-time programs that operate more than four continuous hours on a daily basis, the center shall provide an outdoor activity area that includes a minimum of 75 square feet of space per child, or if the outdoor activity area has less than that, a center shall establish an outdoor activity schedule for rotating groups of children to meet the minimum space requirement and to ensure that each child has an opportunity to have outdoor activity each day.
8.3. Environmental Safety. A center shall:
8.3.a. Take all necessary precautions to provide an accident-free and smoke-free environment for the children, staff members and visitors to the center;
8.3.b. Prohibit smoking and tobacco product use by anyone on the premises and everywhere in the presence of children;
8.3.c. Prohibit smoking anytime in vehicles operated by the center, even in the absence of children;
8.3.d. Require all tobacco products, lighters and matches be kept out of the children’s reach and sight;
8.3.e. Ensure that the premises, furnishings, equipment, and supplies are in good repair and present no hazard to the health and safety of the children;
8.3.f. Ensure all equipment and materials are regularly inspected by staff for potential hazards;
8.3.g. Ensure equipment is regularly cleaned, disinfected as needed, and discarded when no longer useable;
8.3.h. Ensure equipment and materials are installed, maintained, and used in accordance with manufacturer’s instructions;
8.3.i. Store products containing potentially hazardous chemicals, including identified poisons, certain cleaning supplies, and art supplies not clearly labeled as “nontoxic,” away from activity space and food, and when possible, stored in their original containers and never in containers originally designed for food. If Pre-K children are present in the program, these products must be stored in a manner to be inaccessible to children;
8.3.j. Have on file a material safety data sheet for each product containing potentially hazardous chemicals that includes disposal of bio-contaminants;
8.3.k. Ensure outdoor play areas meet current Consumer Product Safety Commission guidelines for safe public playgrounds; and
8.3.l. Ensure an unenclosed outdoor activity area is away from traffic areas and other hazards; and
8.3.m. Enclose an outdoor play area used by children younger than school age with a natural barrier or secure fence that is at least four feet high and has no openings greater than 3 ½ inches.
W. Va. Code R. § 78-21-9 Supervision of Children
9.1. A center shall ensure that:
9.1.a. Staff provide adequate supervision to children at all times;
9.1.b. Staff can account for children at all times through a means to track children as they participate in the program, take independent restroom breaks, as activities change, as transportation occurs and takes action when a child is missing on or off the premises;
9.1.c. Public restrooms are in staff’s line of vision if used by children participating in the program; provided, that staff shall accompany children under nine years of age to public restrooms that are adjoined to or located within locker rooms, shower rooms, or other similar type facilities;
9.1.d. At no time is a Pre-K child without adult supervision including restroom breaks;
9.1.e. When children are on the premises, at least one staff member and one other facility staff member are present;
9.1.f. In determining and maintaining the staff-to-child ratio, the center shall not include any staff member who is performing other duties such as maintenance or accounting, except in an emergency situation when staff may be reassigned to supervise the children; and
9.1.g. A student intern that is at least 16 years old and not yet 18 years old may count in the staff-to-child ratio provided the intern is in a field of study related to child care as approved by the Secretary, works under the direct supervision of at least a group leader and acts only in an aide capacity not having final decision-making authority.
9.2. A center shall group children and consider their ages when determining the staff-to-child ratio as follows:
9.2.a. For programs that operate with Pre-K children, the program shall ensure that:
9.2.a.1. A 1-12 staff-to-child ratio is maintained; and
9.2.a.2. Group sizes are limited to 24 for any group that mixes older children with a Pre-K child.
9.2.b. For programs that operate with school age children only, the program shall ensure that:
9.2.b.1. A 1-16 staff-to-child ratio is maintained;
9.2.b.2. The group size is determined by the activity and is limited to facilitate staff/child interaction and safe, constructive participation by children; and
9.2.c. During water activity such as swimming, canoeing, and fishing the staff-to-child ratio is maintained at 1-8 for groups of school-age children and is maintained at 1-4 for any group with a Pre-K child.
9.3. Groups of children must be distinct with staff persons knowing to which group they are assigned.
9.4. Staff-to-child ratio and group size are always maintained based on the age of the youngest child in the group.
9.5. During transportation, the center shall:
9.5.a. Maintain the staff-to-child ratio;
9.5.b. Have a staff member or volunteer accompany the driver when more than six children are being transported and at least one of those children is kindergarten or younger;
9.5.c. Ensure that no child is left unattended on a vehicle;
9.5.d. Have a staff or designated responsible person present outside the vehicle to supervise when children are loading or unloading from a vehicle; and
9.5.e. Immediately upon unloading the last child from a vehicle, or before parking the vehicle, the driver or the designated staff member shall physically search the vehicle to ensure that all children have been unloaded.
W. Va. Code R. § 78-21-10 Program
The center shall have a program of activities that:
10.1. Meets the goals of the center as established by the statement of purpose;
10.2. Is based on knowledge of child development for the school-age child and, if applicable, pre-school age child;
10.3. Encourages parent input and review;
10.4. Provides supervised activities designed especially for the age and skill level of participating children, to include:
10.4.a. Opportunities for child input and choice of activities;
10.4.b. Opportunities to develop physical fitness;
10.4.c. Opportunities for concentration, alone or in a group;
10.4.d. Opportunities to read or do homework;
10.4.e. Opportunities to be creative, to explore the arts, sciences, and social studies, and to solve problems;
10.4.f. Opportunities for community service experience; and
10.4.g. Opportunities for adult supervised skill building and self–development groups.
W. Va. Code R. § 78-21-11 Guidance and Discipline
11.1. Positive Guidance.
11.1.a. The program staff shall use guidance that helps the children understand age-appropriate behavior.
11.1.b. An out-of-school-time child care program shall have rules that are fair, consistent, and relevant to the children’s ages.
11.1.c. An out-of-school-time child care program may use a time-out that lasts no more than one minute for each year of a child’s age and only for the purpose of helping a child regain control. Time-out must be under adequate supervision.
11.2. Negative Discipline. Program staff shall not use any of the following harmful forms of discipline:
11.2.a. Punishing a child physically including spanking, hitting, kicking, biting, shaking, popping, swatting, thumping, pinching, shoving, spitting, forced exercise, or other cruel treatment;
11.2.b. Punishing or threatening a child in association with food, sleep, rest, or personal hygiene;
11.2.c. Putting anything in or on a child’s mouth as punishment;
11.2.d. Confining a child in a closet or locked room or using physical restraints for confinement;
11.2.e. Using loud, profane, or abusive language or threats of physical punishment;
11.2.f. Punishing a child psychologically including public or private humiliation, shaming, and negative remarks about the child or child’s family;
11.2.g. Punishing a child emotionally; and
11.2.h. Allowing a child to punish another child or children in care.
11.3. Program staff shall not seek or accept parental permission to use any punishments or acts prohibited in this rule.
W. Va. Code R. § 78-21-12 Nutrition
12.1. A center shall provide children with meals and snacks that are consistent with the United States Department of Agriculture’s current Dietary Guidelines for Americans and in accordance with the Child and Adult Care Food Program meal patterns (see Appendix A and B of this rule).
12.2. A center shall ensure that no more than four hours elapse between meals and snacks. A center shall provide meals and snacks according to the following requirements:
12.2.a. A center that is open from morning through afternoon shall serve a morning snack or breakfast, lunch, and an afternoon snack;
12.2.b. A center that provides care before 7 o’clock in the morning shall ensure a child has breakfast available;
12.2.c. A center that provides care to the child whose planned attendance extends beyond 7 o’clock in the evening shall serve supper; and
12.2.d. An out-of-school-time program shall serve a snack or meal to the school-age child within one hour of arriving after a normal school day.
12.3. A center may choose to allow a child to bring meals and snacks to the center provided:
12.3.a. The center has written policies that address:
12.3.a.1. Providing parents and staff with the nutritional guidelines in this rule;
12.3.a.2. Providing to parents and staff guidelines on the proper preparation and storage of food;
12.3.a.3. Providing to parents and staff a list of foods the center will not permit, including known food allergens to other children;
12.3.a.4. An explanation to parents of how the center will address the issue if a child does not bring meals or snacks, or if the meals or snacks the child does bring are not within the nutritional guidelines provided by the center;
12.3.a.5. That the food prepared from an unapproved source is for consumption by the child and not to be shared with other children or the group.
12.3.b. The center has safe storage and refrigeration of the food as needed. Storage must be approved by the Local Health Department;
12.3.c. Each child’s meal or snack is clearly labeled with the child’s first and last names and the date it was brought to the center;
12.3.d. No additional food preparation is required by the center;
12.3.e. The center provides a meal or snack when the parent fails to provide a meal or snack from home;
12.3.f. The center includes children with food allergies in the group during meal or snack time; and
12.3.g. The center has milk available at meal times in accordance with meal patterns described in Appendix B of this rule.
W. Va. Code R. § 78-21-13 Required Reporting to the Department
13.1. A center shall:
13.1.a. Immediately report suspected child abuse or neglect to the Department in accordance with W. Va. Code §49-2-801 et seq.
13.1.b. Report within 24 hours to the Secretary any serious occurrence and shall immediately inform the parent or parent’s authorized designee when a child is involved in a serious occurrence. For each serious occurrence, the center shall;
13.1.b.1. Ensure that the staff member in charge prepares and signs a serious occurrence report; and
13.1.b.2. Place the report in the child’s file and in a separate cumulative file maintained by the center.
13.1.c. Report within 72 hours any major damage to the facility caused by fire, flood, storms, or other events.
13.1.d. Report immediately a change in the center’s phone number.
W. Va. Code R. § 78-21-14 Emergency Procedures
14.1. Emergency File. A center shall develop and maintain an emergency file with information for each enrolled child that is accessible to all staff members, including at off-site activities.
14.2. While children are off the premises, at least one direct care staff has completed a course in child first aid and has current certification in CPR appropriate to the age of the children in care.
14.3. Emergency Policies, Procedures and Plan. A center shall develop, implement, and maintain policies and procedures for responding to an emergency. The plan shall include, but not be limited to:
14.3.a. For medical and non-medical emergencies and for situations that could pose a hazard to staff and children, including, a fire, storm, flood, chemical spill, power failure, bomb threat, persons coming onto the premises whose health or behavior may be harmful, or kidnapping;
14.3.b. For evacuation from the center in the event of an emergency that could cause damage to the center or pose a hazard to the staff and children;
14.3.c. For evacuation from a vehicle used to transport children;
14.3.d. That considers the age and physical and mental abilities of the enrolled children; types of emergencies that are likely to affect the area; the requirements of the State Fire Marshal; and advice from the Red Cross or other health and emergency professionals; and
14.3.e. For documenting the review of its emergency plans with new staff during orientation and with all staff at least annually.
14.4. Evacuation and Drill Plan.
14.4.a. A center shall have a plan for evacuating the center or for sheltering in place during an emergency posted in each room of the center that identifies:
14.4.a.1. Staff members responsible for implementing the plan;
14.4.a.2. Procedures to be followed;
14.4.a.3. The location of the children’s attendance records and emergency information; and
14.4.a.4. A diagram of safe routes by which children and staff members may exit each area of the center.
14.4.b. A center shall conduct with staff and volunteers and document an evacuation drill at least one time each month during its regular hours of operation, keeping a written record of the dates and times when evacuation drills are conducted;
14.4.c. A center shall conduct with staff and volunteers and document a shelter in place drill one time during the school calendar year.
14.5. First Aid Kit. A center shall provide a first aid kit for every 20 children that is stored where it is easily accessible to staff members. The location of the first aid kit shall be clearly marked and in view of the staff member. The kit shall be:
14.5.a. Equipped with band aids, a non-mercury thermometer, gauze, tape scissors, tweezers, disposable nonporous gloves, a first aid guide, the telephone number of a poison control center, and pencil and paper. A bottle of clean water shall be stored with or accompany the first aid kit; and
14.5.b. Readily available at all times, including in the outdoor activity area, on all trips away from the center and in each vehicle provided by the center for the transportation of children.
14.6. Telephone. A center shall provide at least one operable, direct-line telephone that is in the facility, is not a pay station or locked telephone, and is available during the center’s hours of operation.
W. Va. Code R. § 78-21-15 Pest Management
15.1. A center shall document that the facility has an integrated pest management program as required by the West Virginia Department of Agriculture.
15.2. A center shall provide for insect and rodent control that does not compromise the safety of children.
W. Va. Code R. § 78-21-16 Transportation
When providing transportation, a center shall ensure that:
16.1. The vehicle used is currently licensed, inspected, insured, and is equipped with signs and warning lights or alternative warning devices as required by W. Va. Code §17C-12-7a;
16.2. Any vehicle used for transportation that has a capacity that exceeds 10 passengers meets the National Highway Traffic Safety Administration (NHTSA) standards for a school bus. Any vehicle used for transportation that has a capacity that exceeds 10 passengers shall follow the recommendation of the NHTSA for preventing rollover;
16.3. The driver holds a current driver’s license for the type of vehicle being driven;
16.4. The driver does not use a cell phone or engage in conversation while driving;
16.5. The driver or a qualified staff member ensures that each child is in an approved child safety restraint system that meets the federal recommendations of the National Highway Traffic Safety Administration (NHTSA), either a child safety seat or booster seat, and is secured with a seat belt at a ratio of one child per seat belt; provided, a county owned public school bus is exempt from this requirement if not required by state or federal law to use a child safety restraint system;
16.6. The vehicle is equipped with emergency supplies, including a first-aid kit, fire extinguisher, and, if only one adult is in the vehicle, a mobile telephone or two-way radio to be used for emergencies;
16.7. When the center owns the vehicle, identifying information is placed on the outside of the vehicle, which can be read by a pedestrian or other passing vehicle, that includes the name, address, and telephone number of the center; and
16.8. When the center owns the vehicle, a weekly safety check is conducted and recorded. The safety check shall include vehicle tire pressure, headlights, windshield wipers, emergency flashers, brake lights, turn signals, first aid kit, gas gauge, oil, and other fluids.
W. Va. Code R. § 78-21-17 Medication Administration
17.1. A center shall only administer medication with written permission from the child’s parent, and with a prescription or a written order from a licensed health care provider except as provided for in subsection 17.5.
17.2. The center shall secure instructions from the child’s parent for each medication to be administered. The center shall not accept instructions that indicate to administer the medication on an as needed basis unless the order is accompanied by a medical treatment plan written by the child’s licensed health care provider which describes the as needed condition. All medication instruction must be legibly written, signed by the parent, attached to the medication log, and shall include:
17.2.a. The child’s first and last name;
17.2.b. The name of the medication to be given;
17.2.c. The reason the medication is being given; and
17.2.d. Directions for the administration of the medication including the specific dosage, specific frequency, or time to be given, and the route to be given.
17.3. A center shall ensure that medication is only administered by designated qualified staff members with training in medication administration.
17.4. A center shall ensure that prescription medication is only administered when the prescriptive medicine bottle or package has the original pharmacy label showing the prescription number, name of the medication, date the prescription was filled, the licensed health care provider’s name, the child’s first and last names, specific, legible directions for administration and storage, and the expiration date.
17.5. A center shall ensure that non-prescription medication is only administered when the following criteria are met:
17.5.a. The center administers oral non-prescription medication for no more than three consecutive days within a 30-day period without written instruction from a licensed health care provider;
17.5.b. The center applies non-prescription topical products (ointments, creams, or lotions) for no more than five consecutive days within a 30-day period without written instruction from a licensed health care provider. Sunscreens or lip balms used for preventative purpose are excluded from this requirement;
17.5.c. The original non-prescription medicine bottle or package has a label with the child’s first and last names written by the parent, specific, legible directions for administration including the appropriate dosage based on weight or age, directions for storage, and verification that the medicine will not expire during the time to be used;
17.5.d. Medication does not contain aspirin (acetylsalicylic acid) or any form of salicylate such as Alka-Seltzer® or Pepto-Bismol®;
17.5.e. Medication for cough, cold, or congestion does not contain codeine;
17.5.f. Any topical containing diphenhydramine hydrochloride (Benadryl®) shall not be applied without written instruction from a licensed health care provider;
17.5.g. That the medication shall not be administered in a manner inconsistent with the manufacturer’s recommendations without written instructions from the child’s licensed health care provider.
W. Va. Code R. § 78-21-18 Enforcement Actions
The Secretary may revoke or make a license provisional or issue an order of closure to a Child Care Center in accordance with W. Va. Code §49-2-117.
W. Va. Code R. § 78-21-19 Administrative and Judicial Review
19.1. In accordance with the provisions of W. Va. Code §49-2-105, a child care center may seek an administrative review of a decision made by the Secretary by requesting a hearing within 30 days of receiving the notice of the decision.
19.2. A child care center may also seek immediate relief from the decision of the Secretary by a showing of good cause made by verified petition to the Circuit Court of Kanawha County or the circuit court of the county where the program is located.
APPENDIX 78-21-A: USDA FOOD GUIDE FOR RECOMMENDED NUTRIENT INTAKE
United States Department of Agriculture (USDA) Food and Nutrition Service’s Nutrition Standards for CACFP Meals and Snacks issues the Dietary Guidelines every five years.
The guidelines can be found at https://www.fns.usda.gov/cacfp/meals-and-snacks. Please refer to the most current guidelines when using this rule.
APPENDIX 78-21-B: CHILD AND ADULT CARE FOOD PROGRAM - MEAL PATTERNS
The Child and Adult Care Food Program (CACFP) is administered by the USDA. Eligible public or private child care centers, outside-school-hours care centers, Head Start programs, and other institutions which are licensed or approved to provide child care services may participate in CACFP, independently, or as sponsored centers. Meals served to children are reimbursed at rates based upon a child’s eligibility for free, reduced price, or paid meals. More information and current meal pattern plans can be found at. https://www.fns.usda.gov/cacfp.
Table A §78-21 Child Meal Pattern - Breakfast Breakfast (Select all three components for a reimbursable meal)
Food Components and Food Items Ages 1-2 Ages 3-5 Ages 6-12 Ages 13-18 (at-risk afterschool programs and emergency shelters)
Fluid Milk 4 fluid ounces 6 fluid ounces Vegetables, fruits, or portions of both Grains (oz eq),, Whole grain-rich or enriched bread Whole grain-rich or enriched bread product, such as biscuit, roll or muffin ½ serving Whole grain-rich, enriched or fortified cooked breakfast cereal, cereal grain, and/or pasta Whole grain-rich, enriched or fortified ready-to-eat breakfast cereal (dry, cold)
Flakes or rounds 1 cup 1 cup Puffed cereal 1 1/4 cup 1 1/4 cup Granola Table B §78-21 Child Meal Pattern – Lunch and Supper Lunch and Supper (Select all five components for a reimbursable meal)
Food Components and Food Items Ages 1-2 Ages 3-5 Ages 6-12 Ages 13-18 (at-risk afterschool programs and emergency shelters)
Fluid Milk 4 fluid ounces 6 fluid ounces Meat/meat alternates Lean meat, poultry, or fish 1 /2 ounce Tofu, soy product, or alternate protein products 1 /2 ounce Cheese 1 /2 ounce Large egg 3/4 Cooked dry beans or peas 3/8 cup Peanut butter or soy nut butter or other nut or seed butters 2 tbsp 3 tbsp 4 tbsp 4 tbsp Yogurt, plain or flavored unsweetened or sweetened 4 ounces or 1/2 cup 6 ounces or 3/4 cup 8 ounces or 1 cup 8 ounces or 1 cup The following may be used to meet no more than 50% of the requirement:
Peanuts, soy nuts, tree nuts, or seeds, as listed in program guidance, or an equivalent quantity of any combination of the above meat/meat alternates (1 ounces of nuts/seeds = 1 ounce of cooked lean meat, poultry, or fish) 1/2 ounce = 50% 3/4 ounce = 50% 1 ounce = 50% 1 ounce = 50% Vegetables 1/8 cup Fruits 1/8 cup Grains (oz eq), Whole grain-rich or enriched bread Whole grain-rich or enriched bread product, such as biscuit, roll or muffin Whole grain-rich, enriched or fortified cooked breakfast cereal, cereal grain, and/or pasta Table C §78-21 Child Meal Pattern – Snack Snack (Select two of the five components for a reimbursable snack)
Food Components and Food Items Ages 1-2 Ages 3-5 Ages 6-12 Ages 13-18 (at-risk afterschool programs and emergency shelters)
Fluid Milk 4 fluid ounces 4 fluid ounces Meat/meat alternates Lean meat, poultry, or fish Tofu, soy product, or alternate protein products Cheese Large egg Cooked dry beans or peas 1/8 cup 1/8 cup 'A cup 'A cup Peanut butter or soy nut butter or other nut or seed butters 1 tbsp 1 tbsp 2 tbsp 2 tbsp Yogurt, plain or flavored unsweetened or sweetened 2 ounces or 1/4 cup 2 ounces or 1/4 cup 4 ounces or 1/2 cup 4 ounces or 1/2 cup Peanuts, soy nuts, tree nuts, or seeds Vegetables Fruits Grains (oz eq)
Whole grain-rich or enriched bread Whole grain-rich or enriched bread product, such as biscuit, roll or muffin Whole grain-rich, enriched or fortified cooked breakfast cereal, cereal grain, and/or pasta
Series 22 Child Care Quality Rating And Improvement System
W. Va. Code R. § 78-22-1 General
1.1. Scope. -- This legislative rule establishes the requirements for implementation of a Child Care Quality Rating and Improvement System consistent with W. Va. Code §49-2E et seq.
1.2. Authority. -- W. Va. Code §49-2E.
1.3. Filing Date. -- May 2, 2012.
1.4. Effective Date. -- May 2, 2012.
This rule is effective upon the date specified in an emergency rule promulgated by the Department of Health and Human Resources as being the date funding for implementation of the Child Care Quality Rating and Improvement System will become available pursuant to a duly enacted appropriation bill authorizing the expenditure of funds for that purpose.
W. Va. Code R. § 78-22-2 Applicability and Enforcement
2.1. This rule applies to any child care program that participates in the Quality Rating and Improvement System operated by the Department of Health and Human Resources in accordance with W. Va. Code §49-2E.
2.2. This rule is enforced by the Secretary of the Department of Health and Human Resources.
2.3. Pursuant to W. Va. Code §49-2E-4, no provision of this rule may be construed to require implementation of a quality rating and improvement system unless funds are appropriated therefor. The ‘Quality Rating and Improvement System Cost Implementation Study’ dated July 31, 2011, prepared and published by the Marshall University Center for Business and Economic Research for the Department of Health and Human Resources and accessible on-line at http://www.marshall.edu/cber/research/QualityRatingImprovementSystemFINAL.pdf, is the financial plan submitted by the Secretary of the Department of Health and Human Resources pursuant to Chapter §49-2E-3, and is hereby attached by reference and incorporated into this rule as if fully set forth herein. The financial plan prioritizes the components of the system for implementation and provides for gradual implementation over a period of several years in the event that funding is not sufficient to implement all requirements in code.
W. Va. Code R. § 78-22-3 Definitions
3.1. Accreditation. -- The process by which a credentialing authority endorses or approves the childcare methods and programs of a child care agency. The Department does not approve or endorse a credentialing authority’s standards or methods of evaluation.
3.2. Apprenticeship for Child Development Specialist (ACDS) Credential. -- A registered apprenticeship program that is based on a professional partnership between child care providers and their employers. It is a teaching program where apprentices “learn by doing.” A blending of classroom work and on-the-job training provides professional growth for providers. It also enhances the quality of care that their employers offer to the community.
3.3. Approved professional development. -- A comprehensive, sustained, and intensive approach to improving effectiveness in a specific area of study delivered by or sponsored by an approved trainer or training conference as defined by the Secretary.
3.4. Assessment Process. -- The process by which a reliable evaluator conducts an on-site observation of activities in a classroom resulting in the assignment of a score utilizing the appropriate Environment Rating Scale or other tool(s) selected by the Secretary.
3.5. Certificate of Registration. -- Voluntary registration of a program that is exempt from childcare licensing issued by the Department of Health and Human Resources.
3.6. Child Care Center. -- A facility maintained by the state or any county or municipality thereof, or any agency or facility operated by an individual, firm, corporation, association or organization, public or private, for the care of thirteen (13) or more children for child care services in any setting, if the facility is open for more than 30 days per year per child.
3.7. Child Care Resource and Referral Agency (CCR&R). -- A local nonprofit organization involved in supporting child care services. In West Virginia, at a minimum, the resource and referral agencies manage the subsidy program, link parents with child care options, provide consumer information, offer technical assistance and training to providers, and inform parents of other resources in their community.
3.8. Conference. -- A meeting of individuals or representatives of various bodies for the purpose of discussing or acting on topics of childcare interest.
3.9. Core Knowledge Area. -- The set of observable skills and knowledge that represent common standards of satisfactory practice in the early childhood field in the state of West Virginia.
3.10. Council on Accreditation (COA). -- An independent, not-for-profit child and family service accrediting organization founded in 1977 by the Child Welfare League of America and Family Service America. COA currently accredits 38 different services areas and over 60 types of programs, including childcare.
3.11. Evaluation Criteria. -- Child care settings that voluntarily apply for a higher star rating shall be evaluated to determine if the setting meets the additional quality standards established for each type of care at each of three additional levels of quality.
3.12. Environmental Rating Scales. -- A series of childcare program assessment instruments (scales). A measurement tool used by an assessor during an on-site observation of a childcare classroom to evaluate and provide a score to a childcare program.
3.13. Family Child Care Facility. -- Any facility which is used to provide nonresidential child care services for compensation for seven to twelve children, including children who are living in the household, who are under six years of age. No more than four of the total number of children may be under twenty-four months of age. A facility may be in a provider's residence or a separate building.
3.14. Family Child Care Home. -- A facility which is used to provide nonresidential child care services for compensation in a provider's residence. The provider may care for four to six children, at one time including children who are living in the household, who are under six years of age. No more than two of the total number of children may be under twenty-four months of age.
3.15. License. -- The grant of official permission to a facility to engage in an activity which would otherwise be prohibited.
3.16. National Association for the Education of Young Children (NAEYC). -- A nonprofit organization of early childhood professionals and others who are dedicated to improving the quality of early childhood education. More than 100,000 members strong, the association comprises a network of more than 400 affiliated local, state, and regional organizations, which share the belief that children's high-quality experiences at home and in child care, schools, and after-school programs lay the foundation for school readiness, academic success, and adult achievement.
3.17. National Association for Family Child Care (NAFCC). -- An organization that sponsors the only nationally recognized accreditation system, designed specifically for family child care providers. This system was designed by hundreds of providers, parents, and early care and education experts in an effort to create a quality indicator for family child care programs across the country.
3.18. Out-Of-School-Time Program. -- A child care service which offers activities to children before and after school, on school holidays, when school is closed due to emergencies, and on school calendar days set aside for teacher activities.
3.19. Substitute Staff. -- An individual who is present at the center to maintain the staff: child ratio when a qualified staff member is absent.
3.20. Third Party Evaluator. -- A formal evaluation conducted by a party with no vested interest in the outcome of the research.
3.21. Tiered Reimbursement. -- A system of increased payment rates for children in the subsidy program for child care programs that demonstrate they provide higher quality care.
3.22. Wage Incentives. -- Financial incentives to be provided to programs and staff within the programs.
3.23. West Virginia State Training and Registry System (WV STARS). -- A statewide program that tracks education and training information for the early care and education workforce in West Virginia.
W. Va. Code R. § 78-22-4 Application and Renewal
4.1. A child care program shall submit a completed QRIS application as prescribed by the Secretary for advancement to a two-star or a three-star level.
4.2. A child care program that qualifies for a four-star level shall submit verification of the accreditation to the Secretary in a process prescribed by the Secretary.
4.3. The Secretary shall notify a child care program that submits an incomplete application or submits an application not prescribed by the Secretary that the application is not acceptable.
4.4. A child care program shall submit a QRIS application for renewal of the advanced star rating on an annual basis or as prescribed by the Secretary. The program must submit the application for renewal at least 60 days prior to the anniversary date of the advanced star rating in order to avoid a lapse in or ability to participate in incentives.
4.5. The advanced star rating is non-transferable if the ownership of the program changes. The program must be under the control of the new ownership for 6 months before the new program is eligible to apply for an advanced star rating with the following exception:
4.5.a. A four-star rated program under the control of new ownership whose national accreditation extends to the new ownership may retain its four-star rating. However, eligibility for new incentives will be at the discretion of the Secretary during the initial six months of ownership.
4.6. The Secretary may make effective from the date of issuance any decision regarding a star rating issued by the Department.
W. Va. Code R. § 78-22-5 Program Standards
5.1. One-star program standards shall be equivalent to current licensing or registration rules.
5.2. The Secretary shall establish two and three-star program standards with advice from the Quality Rating and Improvement System Advisory Council. The standards will be organized by core knowledge areas or their equivalent.
5.3. Four-star program standards shall be equivalent to national accreditation by the National Association for the Education of Young Children or the National Association for Family Child Care. For licensed out-of-school time programs, four-star program standards shall be equivalent to accreditation standards set forth by the COA.
5.4. Each star level shall be progressive and cumulative, provided that any program accredited by the National Association for the Education of Young Children or the National Association for Family Child Care shall automatically be awarded a four-star status by the Secretary.
5.5. The Secretary, with advice from the Quality Rating and Improvement System Advisory Council, shall develop program standards. Program standards shall go through a public comment process before the criteria are finalized.
5.6. The QRIS Advisory Council shall re-evaluate program standards at a minimum of every five (5) years or when there is evidence or data indicating a need for review.
5.7. The Secretary shall advertise new standards in advance of implementation and programs given sufficient time to implement additional requirements.
5.8. Each participating program must meet the applicable program standards described in Tables A-C of Appendix 78-22 of this rule.
W. Va. Code R. § 78-22-6 Accountability Measures
6.1. Evaluation.
6.1.a. Child care settings that voluntarily apply for a higher star rating shall be evaluated by the Division of Early Care and Education to determine if the setting meets the additional quality standards established for each type of care at each of three additional levels of quality.
6.1.b. Applicants for a two-star rating shall be evaluated by the Division of Early Care and Education through a combination of on-site inspection for compliance with program standards or written documentation, and a self-assessment with a valid and reliable observation instrument designated by the Secretary, such as the nationally recognized set of Environmental Rating Scales for different age groups and types of care.
6.1.c. Three-star program applicants shall be evaluated by the Division of Early Care and Education on an annual basis, as funding allows, through a combination of an on-site inspection for compliance with program standards, written documentation and an on-site evaluation with the designated observation tools by a trained and reliable evaluator.
6.1.d. Four-star program applicants shall submit documentation that the program has been evaluated by a national accrediting body designated by the Secretary and the QRIS Advisory Council and is nationally accredited. A trained and reliable evaluator may evaluate the program on an annual basis with the designated observation tool.
6.2. Assessment Tools.
6.2.a. The Secretary shall, with advice from the QRIS Advisory Council, designate valid and reliable tools to assess program quality from an assortment of observation tools that have been tested and determined to assess various components of quality.
6.2.b. The QRIS Advisory Council shall conduct periodic surveys of available observation tools to determine the continuing effectiveness of the tools being used for observation and self-assessment.
6.3. Evaluators.
6.3.a. The secretary, with advice from the QRIS Advisory Council, shall establish criteria and a process for approval of evaluators to ensure consistency of program assessments. Evaluators shall have adequate early childhood education, training on the evaluation tool and an inter-rater reliability of 85% on the selected tool.
6.3.b. Evaluators shall have their reliability on the designated assessment tool re-assessed every two years using the process established by the Secretary with advice from the QRIS Advisory Council.
6.4. Program Improvement Planning.
6.4.a. Programs with a two-star rating or higher shall use the results of either an internal self-assessment or an external on-site assessment, as applicable, using the selected evaluation tool to develop a program improvement plan.
6.4.b. Program improvement plans shall be an ongoing tool used by child care programs to continuously improve quality.
W. Va. Code R. § 78-22-7 Review, Suspension and Revocation
7.1. Review.
7.1.a. An applicant that is not satisfied with a proposed action that affects the quality rating may submit a written request for review within 30 days of the date of the action.
7.1.b. The QRIS Advisory Council shall appoint a subcommittee to review applications in which the program has filed a request for review.
7.1.c. The subcommittee shall provide a recommendation to the Director of the Division of Early Care and Education, who shall make the final decision on the outcome of the review.
7.1.d. The Director of the Division of Early Care and Education may continue or reinstate services if a review is requested within 15 days of the final decision.
7.2. Suspension and Revocation.
7.2.a. The Secretary may suspend or revoke the star rating of a program for any of the following reasons:
7.2.a.1. The program is ineligible due to licensing status;
7.2.a.2. Accreditation status was revoked by the accrediting body;
7.2.a.3. The program is out of compliance with quality standards; and
7.2.a.4. The Secretary determines suspension or revocation is appropriate based on previously established criteria.
W. Va. Code R. § 78-22-8 Quality Assurance
8.1. Evaluating the QRIS.
8.1.a. The Secretary shall contract with an independent third-party evaluator to assist the Department and the Quality Rating and Improvement System Advisory Council with establishing and evaluating the QRIS and conducting research for quality improvement.
8.2. Access to Data for Evaluation.
8.2.a. The independent third party evaluator shall have access to all project data including data in the management information system.
TITLE 78
LEGISLATIVE RULE
DEPARTMENT OF HEALTH AND HUMAN RESOURCES
DIVISION OF HUMAN SERVICES
SERIES 22
CHILD CARE QUALITY RATING AND IMPROVEMENT SYSTEM
Appendices 78-22 A: Child Care Center Quality Standards 78-22 B: Family Child Care Facility Quality Standards 78-22 C: Family Child Care Home Quality Standards
Appendix 78-22 A:
Child Care Center Quality Standards Numbering in green indicate location in Licensing.
Numbering in blue indicate location in NAEYC Standards.
Child Growth and Development 1. Age/ stage appropriate materials.
-
The program supports all areas of development: social-emotional, physical, language, and cognitive development (early literacy, math, science, creative expression and art appreciation).
-
Teachers demonstrate their knowledge of content and developmental areas by creating experiences that engage children in purposeful and meaningful learning related to key curriculum. (3.G.14)
Health, Safety, and Nutrition 1. Children’s Health Assessment updated at least every 2 yrs for children under the age of 6 yrs. (15.2.b)
-
Children have an established diaper changing area. (Appendix 78-1 D)
-
Meals are served according to USDA guidelines. (16.1; 16.2)
-
Outdoor Activity Equipment and Materials. (13.6; Appendix 78-1 E)
-
Outdoor area is free of equipment which might pose a drowning hazard. (13.6.e.8)
-
Center shall have bathrooms for children. (12.4)
-
Appropriate practices for hand washing. (17.1.a)
-
Medication Administration training before giving meds. (15.4.h.7)
-
Children are put to sleep on back. (14.3.a.4)
-
Infants are held for bottle-feeding. (16.11.d)
-
Outdoor play space is protected by a fence or natural barrier for under school age. (20.4.a.1.A)
-
Safety of food from home.
-
Documentation for children who have special feeding needs. (16.3)
-
Individualized care plan for children with special health care needs, food allergies, or special nutrition needs. (14.1)
-
Clean drinking water available to children throughout the day. (14.2.g; 16.11.f)
-
Program accepts, stores, & serves human milk for feeding. (16.11)
-
Infants less than 6 months are not offered solid food or fruit juices. (16.2.b)
-
Teaching staff familiar with infant. (14.5)
-
Meals served at regular established times. (14.2.e; 16.5)
-
Classroom (or visiting) pets have documentation form a vet that animal is fully immunized. (18.2)
-
Equipment and furnishings for diaper changing or changing soiled clothing is away from food preparation. (Appendix 78-1 D)
-
At least one cot, crib, etc. for each child that is in care for more than four hours. (13.4; 14.3)
-
Cot or mat with blanket for an ill child. (13.4)
-
Indoor environment designed so staff can supervise children without artificial monitoring devises. (3.2; 10.1)
-
Adults have comfortable place to sit, hold, and feed infants. (13.3)
-
Outdoor environment includes experiences such as: running, climbing, balancing, riding, jumping, crawling, scooting, and swinging. (13.6)
-
Walls, floors, and furnishings are in good repair and safe with no trash. (17.2.a)
-
Stairwells and corridors are well lighted, with emergency lighting. (20.2.f)
-
First aid kits are readily available indoors and outdoors. (19.10; 22.6)
-
Choking hazards are removed.
-
When water supply is a well or other private source; must be determined to be safe for human consumption. (19.1)
-
All rooms are heated, cooled, and ventilated. (5.3)
-
No smoking permitted. (20.1.a)
-
Facilities are free from harmful animals, insect pests, and poisonous plants.(21.2)
-
Toxic materials are stored in original containers in locked room or cabinet. (20.3.b)
-
Fire extinguisher in center and staff trained.
-
Program updates child health records every 6 months for children under the age of 2; updates records every 2 yrs over the age of 2. (5.A.01)
-
For children who cannot use toilet consistently: disposable diapers are used; diaper changing procedures from Caring For Our Children are posted in that area; area has a hands free disposable container. (5.A.08)
-
Written menus are available to parents. (5.B.15)
-
Outdoor play space has place available for protection from sunlight. (9.B.0)
-
Any permanent body of water is enclosed by a 4 ft high fence (such as a lake, pool, creek, river, etc.) (9.C.12)
-
Bathrooms have barriers to prevent entry of infants/ toddlers. (9.C.17)
-
The program shall have separate hands-free disposal containers for soiled diapers in addition to the disposal container used by children.
-
Infants are fed when hungry or according to the written plan, but feeding is not used as a form of comfort. (5.B.12)
-
Small, portable outdoor equipment and toys (for example, riding toys and sandbox toys) shall have a storage space that is utilized for their storage.
-
When use of equipment or when participation in a special activity requires use of protective gear such as helmets, the protective gear must be designed for use in that activity.
-
Adults and children will avoid touching the faucet with just-washed hands.
-
All staff administering medication must have a refresher course every two years.
-
Individualized furniture is used for the feeding of infants and toddlers.
-
Fifty percent (50%) of the activity area in space designated for infants is soft flooring or flooring with soft covering.
-
Space designated for children under 35 months does not permit through traffic except for emergency evacuation.
-
The program will have a written policy concerning exposure to air pollution, lead, asbestos, and other contaminants.
-
Child Care Nurse Health Consultant visits the program at least every two years to observe program practices and reviews and makes recommendations about the program’s practices and written health policies. (5.A.02)
-
Teaching staff supervise infants and toddlers/twos by sight and sound at all times. (3.C.02)
-
Teaching staff supervise children primarily by sight. (3.C.04)
Positive Interactions and Relationships 1. Guidance is age appropriate. (11.1.b)
-
No harmful forms of discipline or corporal punishment. (11.4)
-
Written discipline policy. (11.1.a)
-
Fair and consistent rules relevant to children’s ages. (11.1.b)
-
Program staff learn from parents: child’s interest, approaches to learning, child’s developmental needs, and the parents concerns and goals for the child. (7.A.08)
-
33% of program staff has attended minimum of 2 hrs of positive interactions and relationships with children professional development.
-
Teaching staff encourage and recognize children’s work and accomplishments. (1.B.04)
-
Teaching staff engage regularly in meaningful and extended conversations with each child. (1.B.15)
-
Teaching staff facilitate an infant’s social interaction when he or she is interested in looking at, touching, or vocalizing to others. (1.C.04)
-
All qualified program staff have attended a minimum of four, Tiers III, professional development hours in positive interactions and relationships.
-
Teaching staff never use physical punishment such as shaking or hitting and do not engage in psychological abuse or coercion. (1.B.09)
Curriculum 1. Flexible program. (14.2)
-
Written daily routine of Developmentally Appropriate Practices. (14.1)
-
Qualified staffs need to provide daily program that reflects core knowledge/ core competencies. (14.2)
-
Teachers provide time for indoor and outdoor activities. (14.2.b.1)
-
Select a curricula or curriculum framework(s). (2.A.02)
-
Curricula are linked to WV ELSF.
-
Lesson Plans provide for: play, teacher-initiated learning, creative expression, large-group, small group, and child –initiated activity, and individualized learning. (2.A.11)
-
Children become familiar with print through: items labeled with child’s name, materials are labeled, print is used to describe rules and routines, print is connected to spoken words. (2.E.03)
-
Children have opportunities to participate in at least 4 learning centers such as: Art: drawing materials, paints, 3-D materials, collage, tools. Books/library: fantasy, factual, about people, animals, science, cultures, abilities. Building blocks and accessories: unit blocks, large hollow blocks, homemade blocks, toy people, animals, vehicles, road signs. Dramatic/pretend play: housekeeping, different kinds of work, fantasy, leisure. Writing. Math/ Number: counting, measuring, comparing quantities, shapes, written numbers. Nature/ science: collections of natural objects, living things, nature/science books, games, toys, nature/ science activities. Technology: computers with filtered internet access, tape recorders/ CDs and cameras.
-
Teachers are trained to understand and recognize to be sensitive to diversity. (3.B.04)
-
Teachers individualize routine care for infants and toddlers up thru 35 months. (3.B.10)
-
Teachers organize space to offer infants opportunities to play individually, in pairs, and in small groups. (3.D.06)
-
Teachers support children in learning to participate in daily cleanup of classroom. (3.D.08)
-
Teachers use curriculum in all content and developmental areas to support daily plans and learning experiences. (3.F.01)
-
Teachers identify what children have learned and adapt strategies and teaching to meet their needs. (3.G.02)
-
Teachers interact with children in learning centers. (3.G.10)
-
Dramatic play materials available indoors and outdoors. (9.A.04)
-
Sensory materials available indoors and outdoors. (9.A.04)
-
Clearly defined place for families to gather information on the daily schedule and upcoming events; and where families can sign in/out and gather information on child’s day. (9.A.09)
-
The program is currently using selected curricula for infants/ toddlers and preschool; and staff has participated in two hours of professional development on selected curricula.
-
The program’s infant/toddler curricula are linked to the WV Infant/Toddler Early Learning Standards Framework.
-
Infants, toddlers and twos have opportunities to participate in at least four of the learning centers; three year olds and up have opportunities to participate in at least six learning centers; and school age children have access to technology centers.
-
At least 80% of qualified staff in the program are trained to understand, recognize, and be sensitive to diversity within the classroom.
-
Lead teachers and administrators working with infants and toddler through the age of 35 months have attended training on continuity of care.
-
The schedule provides children learning opportunities, experiences, and projects that extend over the course of several days and incorporates time for play, self-initiated learning, creative expression, large-group, small-group and child-initiated activity. (2.A.11)
-
Children have varied opportunities to develop a sense of competence and positive attitudes toward learning, such as persistence, engagement, curiosity, and mastery. (2.B.04)
-
Any materials and activities are made available outdoors as appropriate.
Child Observation and Assessment 1. Minimum 2 hrs of staff professional development in child assessment for 33% of qualified staff (Child observation, antidotal notes, etc.)
-
Implementation of informal child assessment that aligns with programs curriculum goals.
-
Program has a written plan for child developmental assessment that includes purpose, procedures, and uses of the results. (4.A.02)
-
All staff has a minimum of 2 hours of professional development in child assessment.
-
Program uses assessments to support children’s learning, using a variety of methods such as observations, checklists, rating scales, and individually administered tests. (4.A.01)
-
The plan also includes: Conditions under which children will be assessed, Timelines associated with assessments that occur throughout the year, Procedures to keep individual child records confidential, Ways to involve families in planning and implementing assessments, and Methods to effectively communicate assessment information to families. (4.A.02)
-
The program’s written assessment plan includes the multiple purposes and uses of assessment including: Arranging for developmental screening, and referral for diagnostic assessment when indicated, Identifying children’s interests and needs, Describing the developmental progress and learning of children, Improving curriculum and adapting teaching practices and the environment, Planning program improvement, and Communicating with families. (4.A.03)
-
All children receive developmental screening that includes: The timely screening of all children within three months of program entry, Screening instruments that meet professional standards for standardization, reliability, and validity, Screening instruments that have normative scores available on a population relevant for the child being screened, Screening of children’s health status and their sensory, language, cognitive, gross-motor, fine-motor, and s/e development, A plan for evaluating the effectiveness of the screening program, and Using the results to make referrals to appropriate professionals, when needed, and ensuring that the referrals are followed up. This criterion is an emerging practice. (4.C.01)
-
Teachers and other professionals associated with the program use assessment methods and information to design goals:
a. For individual children b. To guide curriculum planning and monitor progress. (4.D.04)
-
Family members are provided information, either verbally or in writing, about their child’s development and learning on at least a quarterly basis, with written reports at least two times a year. (4.E.02)
-
Teachers, families, and relevant specialists have regular opportunities to participate in two-way communication conferences to discuss each child’s progress, accomplishments, and difficulties in the classroom and at home as well as to plan learning activities. (4.E.03)
Family and Community 1. Plan for on-going communication for parents. (7.6)
-
Parent/Guardian visit children.
-
Daily communication with families.
-
Program staff provides support and information to family members. (7.A.05)
-
Program works with families on shared child care giving issues. (7.A.10)
-
Families are encouraged to participate in the program at any time during the program’s regular hours. (7.A.11)
-
Program is sensitive to the needs of all families. (7.B.04)
-
33% of program staff has professional development on communicating and building relationship with families. (7.B.04)
-
Two child conferences offered to parents each year.
-
Program staff encourages families to raise concerns and work collaboratively to find solution. (7.C.02)
-
Utilizes community resources such as: doctors, dentists, musicians, baker, quilter, health consultants, Community Health Centers, others. (8.B.04)
-
Use of Community Resource Directory. (8.A.01)
-
The program will share community information about current family-oriented news and events.
-
The program will provide opportunities for families to develop social connections.
-
80% of qualified staff have professional development in communicating and building positive relationships with families.
-
The program administrator will develop relationships with other community organizations and services that can help support families.
-
The program will participate in transition meetings when a child is transitioning from one program to another.
-
The primary caregiver for each child will plan or encourage programming that considers the child’s abilities, familial characteristics and culture.
-
The program shall have a parent advisory committee that is open to participation of currently enrolled families. The advisory committee will provide the center administration with feedback about all aspects of the program and will be given the opportunity to plan family centered events either at the program or in the community.
Program Management 1. Valid WV License to Operate 2. Group size & ratio: 6wks-1 yr 1:4 (8) 1-2 yrs 1:4 (12) 2-3 yrs 1:8 (16) 3-4 yrs 1:10 (20) 4-5 yrs 1:12 (24) 5-6 yrs 1:12 (24) 6-13 yrs 1:16 (32)
-
Regular Child Care Center License 2. Group size & ratio: 6wks-1 yr 1:4 (8) 1-2 yrs 1:4 (12) 2-3 yrs 1:7 (14) 3-4 yrs 1:10 (20) 4-5 yrs 1:12 (24) 5-6 yrs 1:12 (24) 6-13 yrs 1:16 (32)
-
The program has a well-articulated mission and philosophy of program excellence that guides its operation. (10.A.01)
-
Administrator provides leadership to implement the programs mission. (10.A.05)
-
Program is in good standing by its regulatory body; can document all certifications, approvals, and corrections of violations and deficiencies. (10.B.04)
-
The program has a strategic planning process. (10.B.07)
-
Procedures address transition planning by administrators, teachers, and families for children transitioning from teacher to teacher, groups, classrooms, or programs. (10.B.08)
-
Person responsible for program implementation is included in fiscal planning and in operating budget preparation, reconciliation, and review. (10.C.02)
-
Staff receives training to implement program mission.
-
The program administrator provides leadership to put into service the program’s mission within the community, local region and at the state level.
-
Technology based information management systems are in place. (10.B.03)
-
If a program is led or governed by a board of directors, advisory group, council, or other similar group, written policies define their roles and responsibilities along with those of the program staff who work directly with those entities. (10.B.06)
-
The program has a strategic planning process that outlines actions the program will take to Implement the program’s vision and mission Achieve outcomes desired for children Maintain high-quality services to children and families Provide long-term resources to sustain the operation of the program (10.B.07)
-
Financial policies and the procedures to implement them provide evidence of sound fiscal accountability using standard accounting practices. Operating budgets are prepared annually, and there is at least quarterly reconciliation of expenses to budget. A system exists to review or adjust the budget if circumstances change. (10.C.01)
-
A written plan will be developed for employee benefits. (10.E.06)
-
The program has written wellness policies to promote wellness and safeguard the health and safety of children and adults. (10.D.01)
-
Staff annually evaluates program. (Program Administrator Scale #14, 3.1)
-
Have a current/ appropriate ERS assessment completed by a reliable observer and a plan of action developed to work on any identified areas for improvement.
-
Verification of Accreditation.
Professionalism 1. Type I Director has a minimum of a CDA Credential and 300 hrs of work experience or 12 college credit hrs in ECE and 300 hrs of work experience.
-
Current WV STARS Credential. (8.7)
-
Director working towards at least a Level V on the WV STARS Career Pathway.
-
Director has professional development in program assessment such as ITERS-R, ECERS-R, and SACERS; and completes self-assessments.
-
Program staffs know and use ethical guidelines in their conduct. (6.A.01)
-
Designate one Lead teacher at the center (other than director): Level IV working towards Level V on the WV STARS Career Pathway.
-
Program staff has 18 hrs of professional development annually.
-
33% of all staff has completed CQCE, WVIT, ACDS, or college courses on EC.
-
33% of all staff has specialized professional development in: Program Curriculum Program Assessment (ERS) Child Assessment Working with diverse children.
-
Program staffs evaluate and improve performance based on ongoing reflection and feedback. (6.B.01)
-
Director strengthens their leadership skills, knowledge, and relationships with others and works to improve conditions for children. (6.B.02)
-
Participate in an early childhood conference.
-
The program director has a documented five year professional development plan to meet NAEYC qualifications. (10.A.2)
-
All program staff are required to attend professional development regarding the NAEYC Code of Ethics.
-
The program administrator responds proactively to changing conditions to enhance program quality. (10.A.06)
Appendix 78-22 B:
Family Child Care Facility Quality Standards Numbering in red indicates location in NAEYC Standards.
Child Growth and Development 1. Age/stage appropriate materials.
-
The program supports all areas of development: social-emotional, physical, language, and cognitive development (early literacy, math, science, creative expression and art appreciation).
-
Teachers use their knowledge of individual children to modify strategies and materials to enhance children’s learning. (3.E.04)
-
Teaching staff actively seek to understand infants’ needs and desires by recognizing and responding to their nonverbal cues and by using simple language. (3.E.07)
-
Teaching staff use varied vocabulary and engage in sustained conversations with children about their experiences (3.F.07)
-
Teachers have and use a variety of teaching strategies that include a broad range of approaches and responses. (3.G.01)
Health, Safety, and Nutrition 1. Evacuation plan and record of fire drills are posted.
-
Safe play space and equipment.
-
Menus are posted for all meals and snacks. Meals meet USDA guidelines.
-
High chair safety. (11.11)
-
Checks on napping infants every 15-20 minutes.
-
Supervision within sight or hearing.
-
35 sq ft of indoor and 75 sq ft of outdoor space per child. (9.B.04) (9.C.01)
-
Safe and sanitary diapering practices. Toilet training health and safety requirements.
-
Separate spaces for infants & toddlers.
-
Medical exams for providers, staff and children.
-
Background checks.
-
No use of illegal drugs or alcohol or no mental illness that poses a risk for children.
-
Working utilities.
-
Home in good repair with barriers on steps, or raised platforms.
-
Safe storage of flammable and poisonous materials and weapons.
-
Electrical cords/outlets safe.
-
Prohibition on expansion gates.
-
Smoking prohibition.
-
Vaccines for pets, pet safety.
-
Written instructions for administering medications.
-
Universal precautions.
-
No rodent or insect infestation.
-
Requirements for first aid supplies.
-
Use of seatbelts and car inspected.
-
Back to sleep requirements.
-
Comfortable and safe sleeping arrangements.
-
Prohibition on jumpers and infant walkers.
-
Bathing safety and health practices.
-
Inspections by the Fire Marshall and Health Department.
-
Program has an emergency preparedness plan that includes what to do in event of severe weather or hazardous conditions such as chemical leaks. (10.D.08)
-
Equipment used both indoors and outdoors is developmentally appropriate for the children who use it. (9.A.04)
-
Heavy furniture which is easily tipped such as shelves and entertainment centers are anchored to the wall.
-
Climbing equipment, swings, etc. is securely anchored.
-
Toy chests have either safety hinges and air holes or no lid.
-
Children’s food allergies posted in food prep area. (5.B.05)
-
Provider visually checks on napping infants age 7 months and under every 15 minutes.
-
Facility has a shaded outdoor area. (9.B.06)
-
For children who cannot use toilet consistently: diaper changing procedures from Caring For Our Children are posted in that area; area has a hands free disposable container. (5.A.08)
-
Children brush teeth daily. (5.A.16)
-
Provider uses sunscreen to protect children from sunlight. (5.A.07)
-
Staff takes steps to ensure the safety of food brought from home. (5.B.02)
-
The program supports breastfeeding. (5.B.09)
-
Staff serve only formula and infant food that comes to the facility in factory-sealed containers, except for human milk. (5.B.10)
-
Teaching staff sit and eat with children and engage them in conversation. Meals are served family style. (3.D.07) (3.D.12)
-
The indoor and outdoor environment is designed so staff can supervise children by sight and sound at all times without relying on artificial monitoring devices. (9.A.05) (9.B.03)
-
The program has implemented a written agreement with a health consultant. (5.A.02)
-
A program that allows ill children or staff to remain in the program implements plans that have been reviewed by a health consultant. (5.A.04)
-
Program refrains from the use of alcohol-based hand rubs in lieu of hand washing as it is not recommended for early education settings, due to not being as effective as hand washing. (5.A.09)
-
The routine and frequency of cleaning and sanitizing all surfaces in the facility is as indicated in the Cleaning and Sanitation Frequency Table from Caring for Our Children, 2nd edition. (5.C.01)
Teaching staff supervise infants and toddlers/ twos by sight and sound at all times. (3.C.02)
- Teaching staff supervise children primarily by sight. (3.C.04)
Positive Interactions and Relationships 1. Guidance is age appropriate.
-
Written discipline policy.
-
No harmful forms of discipline or corporal punishment.
-
Fair and consistent rules relevant to children’s ages.
-
Provider has attended minimum of 2 hrs of positive interactions and relationships with children professional development.
-
Provider posts written rules in simple language that children can understand. (1.A.05)
-
Provider has a written positive guidance policy in addition to simple rules. (10.B.08)
-
Attend a professional development on Self-Regulation of children. (1.F)
-
Teaching staff support children as they practice social skills and build friendships by helping them enter into, sustain, and enhance play. (1.C.03)
-
Quarterly parental meeting (individual or group) related to current topics of early childhood development and cultural competence. (combining 1.A)
-
Teaching staff give one-on-one attention to infants when engaging in caregiving routines. (1.B.12)
-
Teaching staff talk frequently with children and listen to children with attention and respect. (1.B.15)
-
Teaching staff counter potential bias and discrimination while in care and by working with parents. (1.D.01)
-
Utilizes Behavioral Consultants to help develop individualized programs for children, if needed. (1.E)
-
Teaching staff never use physical punishment such as shaking or hitting and do not engage in psychological abuse or coercion. (1.B.09)
Curriculum 1. Age appropriate daily routine is posted and includes:
a. Regular meal/nap times b. Indoor/outdoor play c. Quiet/active play d. Practice self-help skills.
-
Age appropriate books read to kids.
-
Use of arts and crafts, building blocks, balls and riding toys, large muscle equipment, manipulative toys, and science materials and dress-up clothes for dramatic play.
-
Limited time for TV and video games and prohibition of violent or sexual content.
-
Infant and toddler requirements- freedom to crawl or walk, age appropriate toys and self-care habits, expression through talk and imaginative play, attention to emotional and physical needs, continuity of care.
-
Select a curricula or curriculum framework(s). (2.A.01)
-
Curricula are linked to WV ELSF (Birth to Five).
-
Various types of books are available to children all day which can include: fantasy and factual information; stories about people, animals, and science; books that reflect different cultures and abilities. (2.E)
-
Provision of 3 of the following learning centers: Art: drawing materials, paints, 3-D materials, collage materials, tools (2.J) Library (2.E) Building blocks and accessories; unit blocks, large hollow blocks, homemade blocks, toy people, animals, vehicles, and road signs. Dramatic/pretend play: housekeeping, different kinds of work, fantasy, leisure (2.L) Writing (2.E) Math/ Number: counting, measuring, comparing quantities, recognizing shapes, familiar with written numbers. (2.F) Nature/ science: collections of natural objects, living things, nature/ science books, games, toys, nature/ science activities. (2.G) Technology: computers with filtered internet access, tape recorders/CDs and cameras. (2.H)
-
Children have individualized storage area. (9.A.02)
-
Implementation of the selected curricula or curriculum framework.
-
Children have opportunities to be read to in an engaging manner and have opportunity to retell and reenact events in storybooks. (2.E.04)
-
Provision of 6 of the learning centers.
-
Program staff use their knowledge of the community and the families it serves as an integral part of the curriculum and the children’s learning experiences. (8.B.01)
Child Observation and Assessment 1. Staff receive minimum of 2 hrs training in child assessment/observation.
-
Implementation of informal child assessment that aligns with programs curriculum goals. (4.B.05)
-
Staff receive minimum of 6 hrs of training in implementing an assessment system that aligns with the curriculum goals.
-
The program has a written plan for assessment that describes assessment purposes, procedures, and uses of the results. (4.A.01)
-
Staff shares an understanding of the purposes, values, and uses, of assessment in their program and can explain these to others. (4.B.06)
-
Family members are provided information, either verbally or in writing, about their child’s development and learning on at least a quarterly basis, with written reports at least two times a year. (4.E.02) (7.B.03)
Family and Community 1. Information is shared with parents regarding child’s accomplishments and any problems that arise.
-
Document two methods of family involvement such as: Family bulletin board, Family survey, Family Newsletter.
-
Family individual communications system- daily for children under 3 and weekly for children over 3. (7.B.05) (7.B.06)
-
Develop a parent contract.
-
Utilizes community resources such as: doctors, dentists, musicians, baker, quilter, health consultants, behavior consultant or use of two community support services per quarter, such as TRAILS, CACFP, Libraries, or Community Health centers. (8.B.02)
-
Program staff establish intentional practices to foster strong reciprocal relationships with families from the first contact and maintain them over time. (7.A.06)
-
Program staff uses a variety of mechanisms such as family conferences or home visits to promote dialogue with families. (7.B.01)
-
To better understand the cultural backgrounds of children, families, and the community, program staff participates in community cultural events, concerts, storytelling activities, or other events and performances designed for children and their families. (7.A.04)
-
Program staff uses established linkages with other early education programs and/or local elementary schools to help families prepare for and manage their children’s transitions between programs. (7.C.06)
-
To help families with their transitions to other programs or schools, staff provide basic general information on enrollment procedures and practices, visiting opportunities, and program options. (7.C.07)
-
Program staff maintains a current list of child and family support services available in the community based on the pattern of needs they observe among families and based on what families request. They share the list with families and assist them in locating, contacting, and using community resources that support children’s and families’ well-being and development. (8.A.01)
Program Management 1. Valid WV Certificate of License.
-
Regular certificate of license.
-
Program has a mission statement and program goals and objectives.
-
Program has implemented a business plan that includes the program’s mission and goals, and management operations, marketing, and finance information.
-
The program has a written statement of philosophy. (2.A.01)
-
Develop a plan including staff and parents to measure progress toward the program goals and objectives.
-
Technology-based information management systems are in place. (10.B.03)
-
The work environment for staff is comfortable and clean and is in good repair. The work environment includes: A place for adults to take a break from children; An adult-sized bathroom; and A secure place for staff to store their personal belongings.
-
Have a current/ appropriate ERS assessment completed by a reliable observer and a plan of action developed to work on any identified areas for improvement.
-
Verification of Accreditation.
-
Have a current/ appropriate ERS assessment completed by a reliable observer and a plan of action developed to work on any identified areas for improvement.
Professionalism 1. Operator has a GED or HS diploma.
-
Operator & staff is certified in CPR or first aid with rescue breathing/choke-saving.
-
Operator completes 15 clock hours of training annually and staff complete 12 hours annually.
-
Training in Core Knowledge/Core Competencies in all areas over a 4-year period.
-
Operators must have 15 clock hours of pre-service training or a CDA or 3 hrs credits in early childhood.
-
Staff must have orientation/SIDS & SBS self study packet.
-
All Staff credentialed with WV STARS Career Pathway.
-
Current First Aid/CPR for all staff. (5.A.03)
-
18 hours of professional development annually for directors and 15 for staff.
-
Owner/Operator attends ERS training and completes self-assessment.
-
Owner/ Operator have a professional development plan showing work toward at least Level III on the Career Pathway.
-
All staff has completed training on SIDS, Shaken Baby, Child Abuse and Neglect, and Medication Administration.
-
Owner/operator has completed training on and is using the WV ELSF for children 3-5 years of age.
-
All staff has completed one of the following: 1 semester of ACDS, FCC modules, CQCE modules, WVIT, 3 hr. college course in EC, 40 hours of credit toward the WV Early Childhood Certificate 9. Participation in an Early Childhood Conference (8.C.01)
-
Owner/ Operator has completed Level IV and has a professional development plan towards at least Level VI.
-
All staff have completed one of the following: ACDS Certification, College credits in EC, The WV Training Certificate in Early Care and Education 3. The provider has participated in a state/regional level initiative. (8.C.05)
-
At least one staff member who has a certificate of satisfactory completion of pediatric first aid training is always present with each group of children. (5.A.03)
-
Infants placed to sleep on their backs unless otherwise ordered by a physician. (5.A.12)
Appendix 78-22 C:
Family Child Care Home Quality Standards Program Management 1. Valid WV Certificate of Registration.
-
Records kept in easily accessible files.
-
Certificate publicly displayed.
-
Records and information about children and families kept in confidence.
-
Training records maintained.
-
Sign in and out sheets maintained.
-
Records maintained for 2 years.
-
Reporting to DHHR of child abuse and neglect, changes in household or major accidents or illnesses.
-
The program has developed a Parent Contract that includes hours of operation, supplies needed, vacation policy, and parent communication policy.
-
The program uses at least one community support service per quarter, such as TRAILS, Child and Adult Food Program (CACFP), libraries, behavior consultant, museum, etc.
-
The program has liability insurance.
-
- Begin NAFCC application process.
-
The provider has had a FCCERS-R assessment completed by a reliable rater.
-
- The provider along with an ERS technical assistance staff has used their FCCERS-R score to develop an improvement plan.
-
- The program has developed a written policy that supports the Parent Contract for the following: (5.19)
-
- Substitutes, illness, medication administration, guidance and discipline, and toilet training.
-
- The program uses at least two community support service per quarter, such as TRAILS, CACFP, libraries, behavior consultant, museums, Birth to Three, community centers, humane society, etc.
-
Your substitute provider must have a current a current CPR/First Aid certification.
-
Your substitute provider has acquired a physical/TB test with a negative result. (5.34)
-
Your substitute understands the routines and special needs of the children in your care. (5.34 paraphrased)
-
NAFCC standards must be achieved in addition to the following:
-
The provider has a current FCCERS-R review on file.
-
The program has developed a Parent Handbook that includes items listed in tier II and III, as well as information about:
a. Mandated reporting and universal precautions.
-
The program uses at least three community support service per quarter. Examples listed in previous tiers.
-
Your substitute provider must obtain two (2) hours of professional development each year.
Health, Safety and Nutrition 1. Evacuation plan and fire drills with adequate exits.
-
Safe play space and equipment.
-
Meals meet USDA guidelines.
-
Supervision within sight or hearing.
-
Frequent observation of children in cribs and playpens.
-
Medical exams for providers and children.
-
Background checks.
-
Working utilities.
-
Home in good repair with barriers on steps, or raised platforms.
-
Safe storage of flammable and poisonous materials and weapons.
-
Electrical cords/outlets safe.
-
Safe heating and cooling devices.
-
Smoke detectors and CO detectors if gas is used.
-
Smoking prohibition.
-
Vaccines for pets, pet safety.
-
Written instructions for administering medications.
-
Safe water supply.
-
Universal precautions.
-
Safe food storage.
-
Sanitation requirements for garbage, bathrooms, dishes, and home.
-
No rodent or insect infestation.
-
Water safety for pools and hot tubs.
-
Posting of emergency information.
-
Requirements for first aid supplies.
-
Use of seatbelts and car inspected.
-
Back to sleep requirements.
-
Safe and sanitary diapering practices.
-
Comfortable and safe sleeping arrangements.
-
Bathing safety and health practices.
-
The program has an emergency preparedness plan that includes what to do in the event of severe weather or hazardous conditions such as chemical leaks.
-
The play equipment used both indoors and outdoors in the program is safe and developmentally appropriate for the children who use it.
-
Heavy furniture which is easily tipped, such as shelves and entertainment centers, are anchored to the wall.
-
Climbing equipment, swings, etc. are securely anchored into place.
-
The program’s toy chests have either safety hinges and air holes, or no lid.
-
The provider has menus posted and children’s food allergies posted in the food preparation area.
-
The provider is alert to napping infants and visually checks on them at a minimum of every 15 minutes.
-
The provider helps children, as they are able, to learn their full names, addresses, phone numbers, and how to dial 911 or the local emergency number.
-
The provider helps children understand dangerous situations and the reasons for fire safety rules. The provider involves children age 3 and over in discussions about their safety. (4.24)
-
If a child has been diagnosed as having a special health care need, the provider understands the condition, follows all prescribed treatments, and works with parents and other specialists as needed. (4.69)
Child Growth and Development 1. Age/ stage appropriate materials.
-
The program supports all areas of development, including social-emotional, physical, cognitive, language/communication, and creative expression.
-
The program shares with parents the areas of development and their importance through handouts from training, conferences, or newsletters.
-
The provider has attended a minimum of two (2) hours of professional development in Child Growth and Development.
-
NAFCC standards must be achieved in addition to the following:
a. The provider has attended a minimum of four (4) hours of professional development in Child Growth and Development.
Positive Interactions and Relationships 1. Guidance is age appropriate.
-
No harmful forms of discipline or corporal punishment.
-
Hold, cuddle, talk and sing to infants and toddlers.
-
Fair and consistent rules relevant to children’s ages.
-
Guidance is age appropriate.
-
No harmful forms of discipline or corporal punishment.
-
Hold, cuddle, talk and sing to infants and toddlers.
-
Fair and consistent rules relevant to children’s ages.
-
The program provider has attended a minimum of four (4) hours of professional development in positive interactions and relationships with children.
-
The program uses positive guidance, appropriate for the developmental abilities of each child, which is used to help children gain self-control and take responsibility for their own behavior. (3.29)
-
The provider takes time every day for meaningful conversation with each child. (3.60)
-
The provider takes an interest in and responds positively to babies' vocalizations and imitates their sounds.
-
NAFCC standards must be achieved in addition to the following:
-
The program provider has attended a minimum of six (6) hours of professional development in positive interactions and relationships with children.
-
Provider reacts quickly to solve problems in a comforting and supportive way.
-
Provider shows respect for children. For example, making eye contact and listening attentively.
Curriculum 1. Age appropriate daily routine with: Regular meal/nap times Indoor/outdoor play Quiet/active play Practice self-help skills Age appropriate books read to kids 2. Use of arts and crafts, building blocks, balls and riding toys, large muscle equipment, manipulative toys, and science materials and dress-up clothes for dramatic play.
-
At least two (2) of the following learning centers are provided to children in the program: Art (drawing materials, paints, 3-D materials, collage, tools); Library (books for all age groups); Building Blocks and accessories (unit blocks, homemade blocks, toy people, animals, vehicles, road signs); Dramatic/Pretend Play (housekeeping, different kinds of work, fantasy, leisure); Writing; Math/Numbers (counting, measuring, comparing, quantities, shapes, written numbers); Nature/Science (collections of natural objects, living things, nature/science books, games, toys, and activities); Technology (computers with educational programs, filtered internet access, tape recorders, CDs, and cameras).
-
Children in the program have access to books all day that are appropriate for the different ages of the children in care.
-
Children are offered at least 30 minutes each day for activities that they choose on their own.
-
Active gross motor activities are available to children in the program at least 30 minutes of each day.
-
Fine motor activities are available to children in the program for at least 30 minutes daily, such as writing, art, and scribbling.
-
At least three (3) of the learning centers listed in Tier II are provided to children in the program, with an additional 30 minutes focused on math or science.
-
The provider offers several activities appropriate for the abilities and interests of the children. (3.1. paraphrased)
-
The provider reads to children for at least 15 minutes during each half day, or all the children are able to read. Books are used to stimulate conversation that expands upon children’s interests and imagination, to build vocabulary, or to introduce new ideas and information. (3.64)
-
The provider allows children who can read independently to spend at least ½ hour in each ½ day engaged in literacy activities (such as reading, writing, listening to stories, or performing plays).
-
The provider teaches children to take care of books as needed. (3.65 paraphrased)
-
The provider has implemented a nationally recognized family child care curriculum, such as Creative Curriculum for FCC, High Scope.
-
NAFCC standards must be achieved in addition to the following:
-
At least four (4) of the learning centers listed in Tier II are provided to children in the program, with and additional 30 minutes focused on math and science.
-
The program provider uses the WVELSF standards when planning.
Child Observation and Assessment 1. The family child care provider receives a minimum of two (2) hours of professional development in child observation and assessment.
-
The family child care provider has implemented informal child assessment that aligns with the goals of the program.
-
The provider receives professional development in curriculum planning to meet individual needs of the children.
-
The provider has established and implemented a system to document observations of each child’s developmental progress, interest and needs, anecdotal records, etc.
-
NAFCC standards must be achieved in addition to the following:
-
The provider will plan to meet the individual needs of the children based from observations. (3.4 paraphrased)
-
The provider will share documented observations with the parent on an annual basis.
Family and Community 1. Work with the parents, school system and Birth to Three to plan for child’s transition to other programs.
-
Discuss and agree upon positive methods of guidance with parents.
-
Discuss and agree with child’s parent for a schedule for toilet training.
-
Provide parents with guidelines for immunizations and periodicity schedules.
-
Notify parents in advance on use of substitutes and on field trips that require transportation.
-
Written permission for administering medications, water play, field trips.
-
The family child care provider has at least one (1) method of family involvement such as a family bulletin board, family surveys, family newsletters, and/or family activities.
-
The family child care provider has a system in place for individual family communications that includes:
a. daily communication for families with children under age 3, and b. weekly communication for those with children over age 3.
-
The provider will plan an annual parent day or conduct an annual survey. Although parent participation is encouraged, it is never required. (1.27 paraphrased)
-
The provider encourages parents to visit any time their children are present. She is available to parents by telephone when children are present, or regularly checks for phone messages. (1.9)
-
The provider respects diverse family styles and recognizes the strengths of each family. (1.11)
-
The provider individualizes the child care program, within reason, to respond to a parent's specific requests, preferences, and values. (1.12)
-
NAFCC standards must be achieved in addition to the following:
-
The provider will plan an annual parent day and conduct an annual survey. Although parent participation is encouraged, it is never required.
Professionalism 1. Age 18.
-
First aid with rescue breathing/choke-saving within 6 mos.
-
8 clock hours annually.
-
2 other hrs. health and safety training and 4 hrs other training within 12 mos.
-
Training in Core Knowledge/Core Competencies.
-
Able to read and write.
-
The family child care provider permits an early intervention specialist to enter the home to provide services to a special needs child and to assure the environment is appropriate for the child.
-
The family child care provider is registered on the WV STARS Career Pathway.
-
The family child care provider has current CPR and First Aid certifications.
-
The family child care provider has ten (10) hours of approved training annually, encompassing a minimum of two (2) Core Knowledge/Core Competency areas.
-
The family child care provider has attended training on the Family Child Care Environmental Rating Scale-Revised (FCCERS-R) training.
-
The family child care provider has completed a self-assessment of their program using the FCCERS-R.
-
The family child care provider has completed one (1) of the following:
a. One semester of Apprentice for Child Development Specialist (ACDS), or b. The Family Child Care modules, or c. WV Infant and Toddler Training (WVIT), or d. One 3 hour college course in Early Childhood, e. CCQCE training, or f. 40 hours of credit toward the WV Early Childhood Certificate.
- The family child care provider has completed training on:
a. Sudden Infant Death Syndrome (SIDS), and b. Child Abuse and Neglect, and c. Medication Administration.
-
The family child care provider participates in an early childhood conference at least once a year.
-
The provider has developed a plan to advance on the WV STARS Career Pathway, if applicable.
-
The provider has twelve (12) hours of approved training annually, encompassing a minimum of three (3) Core Knowledge/Core Competency areas.
-
The provider has completed two (2) of the following:
a. 2 semesters of Apprentice for Child Development Specialist (ACDS), b. The Family Child Care modules, c. WV Infant and Toddler Training (WVIT), d. One 3 hour college course in Early Childhood, e. CQCE training, or f. 80 hours of credit toward the WV Early Childhood Certificate.
-
The provider knows how to detect signs of child abuse and neglect, understands the responsibility to report suspicious cases to child protective services, and, if appropriate, files a report. (5.11)
-
The provider is actively involved with other providers or a related professional group, if available. (5.8)
-
NAFCC standards must be achieved in addition to the following:
-
The provider has advanced on the WV STARS Career Pathway by at least one (1) level, if applicable.
-
The provider has fifteen (15) hours of approved training annually, encompassing a minimum of four (4) Core Knowledge/ Core Competency areas.
-
The provider has completed three (3) of the following:
a. 4 semesters of Apprentice for Child Development Specialist (ACDS), The Family Child Care modules, b. WV Infant and Toddler Training (WVIT), c. One 3 hour college course in Early Childhood, d. CQCE training, or e. Completion of the WV Early Childhood Certificate.
-
The provider has created a five year professional development plan.
-
The provider has participated in a state/regional level initiative.
78CSR22
78CSR22
78CSR22
78CSR22
Series 23 W. Va. Works Program Sanctions
W. Va. Code R. § 78-23-1 General
1.1. Scope. -- This rules establishes and sets forth the schedule of sanctions; identifies factors and considerations for sanctions; provides notice and reasons for sanctions, and, establishes due process procedures in contested cases when sanctions are imposed by the West Virginia Department of Health and Human Resources in the administration of the West Virginia Works Program pursuant to provisions of W. Va. Code § 9-1-1 et seq.
1.2. Authority. -- W. Va. Code § 9-9-11(d).
1.3. Filing Date. -- April 28, 2016.
1.4. Effective Date. -- July 1, 2016.
W. Va. Code R. § 78-23-2 Definitions
2.1. Assistance Group – Means all at-risk individuals living in a residence together who purchase and prepare meals for the group.
2.2. De minimis Violation – Means a minor violation or failure to perform an act required by this
rule. A de minimis violation is not per se an automatic sanction violation but could be actionable or result in a sanction if the violation is willful or determined by the case manager not to constitute good cause.
2.3. Department – Means the West Virginia Department of Health and Human Resources.
2.4. Good Cause – Means a legitimate and verified, in accordance with applicable DHHR policy, excuse for failing to perform an act required by a Personal Responsibility Contract, Self-Sufficiency Plan such as, including but not limited to, physical and mental capacity or the unavailability of child care. See, Income Maintenance Manual Chapter 13.10
2.5. Personal Responsibility Contract – Is a written contract between each of the adult(s) or emancipated minor(s)of the WV WORKS program, or non-recipient Work-Eligible Individual(s), and the Case Manager, as the representative of the Department.
2.6. Sanction – Means a sanction that results in the termination of a beneficiary’s cash assistance. A sanction violation includes, but is not limited to, fraud, noncompliance of the personal responsibility contract, failure or refusal to comply with the requirements of the work component may adversely affect the beneficiary’s W. Va. WORKS eligibility or the amount of his WV WORKS check. See, Income Maintenance Manual, Chapter 9.
2.7. Self-Sufficiency Plan – Means a written plan that lists the goals of each individual and the tasks 78CSR23 necessary to accomplish those goals.
2.8. Termination – Means the act of ending a beneficiary’s cash assistance for the term specified by the sanction.
2.9. West Virginia WORKS Program - Means a program that provides monthly cash assistance based on the goals of assisting economically dependent and at-risk families to become self supporting, enhancing the well-being of children, and on assisting families near the poverty level remain selfsufficient. The West Virginia Works Program is also known as Temporary Assistance to Needy Families program (TANF).
2.10. Work-Eligible Individual – Means an individual that is not included in the W. Va. WORKS payment but is required to participate in an activity.
W. Va. Code R. § 78-23-3 Breach of Personal Responsibility Contract, Fraud or Deception, Code Violation, Rule Violation and Department Policy
The Department shall terminate, unless good cause exists or there was a de minimis violation, cash assistance benefits to an at-risk family if it finds any of the following:
3.1. Fraud or deception by the beneficiary in applying for or receiving program benefits;
3.2. A substantial breach by the beneficiary of the requirements and obligations set forth in the personal responsibility contract and any amendments or addenda to the contract; or
3.3. A violation by the beneficiary of any provision of the personal responsibility contract or any amendments or addenda to the contract, Ch. 9, Art. 9, or any rule or policy promulgated by the secretary pursuant to this Ch. 9, Art. 9 of the W. Va. Code.
When a member of the Assistance Group or non-recipient Work-Eligible Individual does not comply with requirements found on his Personal Responsibility Contract or Self-Sufficiency Plan, termination of benefits may be imposed unless the case manager determines that good cause exists or there existed a de minimis violation.
W. Va. Code R. § 78-23-4 Sanctions
The sanctions are applied in the form of termination of benefits for a specific length of time. The length of termination of benefits is determined as follows:
4.1. First sanction –- entire assistance group ineligible for one month;
4.2. Second sanction –- entire assistance group ineligible for six months;
4.3. Third sanction –- entire assistance group ineligible for one year; but may reapply within one year.
78CSR23
W. Va. Code R. § 78-23-5 Notice
5.1. In the event the Department determines that benefits received by the assistance group are subject to reduction or termination, written notice of the reduction or termination and the reason for the reduction or termination shall be deposited in the United States mail, postage prepaid and addressed to the beneficiary at his or her last-known address at least thirteen days prior to the termination or reduction.
5.2. The notice shall state the action being taken by the Department and grant the assistant group a reasonable opportunity to be heard at a fair and impartial hearing before the department in accordance with administrative procedures established by the Department and due process of law.
W. Va. Code R. § 78-23-6 Burden of Proof
6.1. In any hearing conducted pursuant to the provisions of this rule, the assistance group has the burden of proving that his or her benefits were improperly reduced or terminated and shall bear his or her own costs, including attorneys’ fees.
W. Va. Code R. § 78-23-7 Fair Hearing
The hearing shall be conducted by a fair and impartial hearings officer before the West Virginia Department of Health and Human Resources Board of Review pursuant to the West Virginia Administrative Procedures Act, § 29A-5-1 et seq. and 69CSR1.
W. Va. Code R. § 78-23-8 Annual Report
The Department shall provide an annual report regarding the sanctions relating to the West Virginia WORKS Program, including their relative stringency when compared to those of contiguous states, frequency of imposition and the overall success of those sanctions at deterring individuals from taking advantage of the program and accomplishing the overall purpose of the program, to the Legislative Oversight Commission on Health and Human Resources Accountability, the President of the Senate and the Speaker of the House on January 1 of each year.
Series 26 Pilot Program for Drug Screening of Applicants for Cash Assistance
W. Va. Code R. § 78-26-1 General
1.1. Scope. -- This rule establishes and sets forth the requirements for drug screening applicants of benefits from the Temporary Assistance for Needy Families program under a three-year pilot program. For the purposes of the pilot program pursuant to the authority and option granted by 21 U. S. C. § 862a(d)(1)(A) to the states, West Virginia hereby exempts all persons domiciled within the state from the application of 21 U. S. C. § 862a(a).
1.2. Authority. -- W. Va. Code §9-3-6(n).
1.3. Filing date. -- June 26, 2025.
1.4. Effective date. -- June 26, 2025.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on December 31, 2026.
W. Va. Code R. § 78-26-2 Definitions
2.1. Applicant -- means a person who is applying for benefits from the Temporary Assistance for Needy Families program.
2.2. Case manager -- means a person employed by the department with responsibility for making a reasonable suspicion determination during the application process for Temporary Assistance for Needy Families.
2.3. Department -- means the Department of Health and Human Resources.
2.4. Drug screen or drug screening -- means any analysis regarding substance abuse conducted by the Department of Health and Human Resources on applicants for assistance from the Temporary Assistance for Needy Families program.
2.5. Drug test or drug testing -- means a drug test which tests urine for amphetamines (amphetamine and methamphetamine) cocaine, marijuana, opiates (codeine and morphine), phencyclidine, barbiturates, benzodiazepines, methadone, propoxyphene and expanded opiates (oxycodone, hydromorphone, hydrocodone, oxymorphone).
2.6. Drug use questionnaire -- means an assessment tool to be used by case managers to ascertain if there is reasonable suspicion that an applicant is abusing drugs. The questionnaire uses a point-based system to assist the case manager in determining if there is reasonable suspicion.
2.7. Protective payee -- means an individual over age 18 designated to receive public assistance payments for the eligible dependents of another person who is ineligible for benefits for himself or herself. The protective payee may be an immediate family member of the applicant.
2.8. Reasonable suspicion -- means a score on the drug use questionnaire that indicates the possibility of substance abuse. Reasonable suspicion is also achieved if an applicant has been convicted of a drug related offense within three years of completion of the drug use questionnaire.
2.9. Secretary -- means the secretary of the department or his or her designee.
2.10. Substance abuse -- means the use of prescribed or over-the-counter medications used in excess of the recommended dosages, or the use of illegal substances. Substance abuse also includes any non-medical use of prescribed or over-the-counter medications.
2.11. Treatment program -- means any substance abuse treatment and counseling program which is licensed by the state of West Virginia and regulated pursuant to 64 CSR 11, 69 CSR 11, 69 CSR 12.
2.12. Temporary Assistance for Needy Families program (TANF) -- means assistance provided through ongoing cash benefits pursuant to 42 U.S.C. § 601 et seq., operated in West Virginia as the West Virginia Works Program pursuant to W. Va. Code §9-9-1 et seq.
W. Va. Code R. § 78-26-3 Drug Screening Process
3.1. Upon application for TANF benefits all applicants will be provided a drug use questionnaire to complete. Applicants will be required to swear or affirm as to the veracity of their answers and will be subject to prosecution for fraud or suspension from the program for 12 months, or both, for providing false information in accordance with department policies. Public databases may be consulted by the department to verify an applicant’s answers.
3.1.a. Any applicant who has been convicted of a drug related offense within three years of filling out the questionnaire must indicate as such.
3.1.b. Any such drug related conviction shall be considered grounds for reasonable suspicion, for the purpose of referring the applicant for a drug test.
3.2. Should an applicant refuse to complete the drug use questionnaire, the applicant is ineligible for TANF benefits.
3.3. If the drug use questionnaire indicates reasonable suspicion, the applicant will be referred for a drug test.
3.3.a. The applicant and case manager will coordinate to arrange for the applicant to be drug tested by a third-party vendor.
3.3.b. The drug test must be completed by the applicant within 48 hours of the completion of the drug use questionnaire.
3.3.c. Should unforeseen circumstances prevent the applicant from completing a drug test within 48 hours, the applicant and the case manager will confer and the case manager will, if he or she deems it appropriate, allow the applicant additional time to complete the test. The case manager shall have discretion to allow the applicant more than 48 hours to complete the test. Second or subsequent requests by the applicant to reschedule a drug test will be decided by the case manager’s supervisor.
3.4. Upon receipt of the drug test results, the case manager will:
3.4.a. Contact the applicant to advise him or her of the results.
3.4.b. If the results are negative, the application will be accepted and the applicant will be assigned an activity under the TANF program.
3.4.c. If the results of the drug test are positive, the application will be accepted and the applicant will be assigned to a treatment program and a job skills program as his or her activities under the TANF program.
3.5. Notwithstanding subdivision 3.4.c., any applicant who submits a positive drug test can avoid assignment to a treatment program if, immediately upon assignment to such a program, the case manager is informed by the applicant that he or she is in possession of a valid prescription for the type and quantity of drug(s) that created the positive test result. Within 24 hours of informing the case manager of possession of a valid prescription(s), the applicant shall produce the prescription.
W. Va. Code R. § 78-26-4 Substance Abuse Treatment and Counselling Program Requirements
4.1. Upon assignment to treatment by a case manager, the applicant will have seven days to enroll in a treatment program. Should unforeseen circumstances prevent the applicant from enrolling in a treatment program within seven days, the applicant and the case manager will confer, and the case manager will, if he or she deems it appropriate, allow the applicant additional time to enroll. The case manager shall have discretion to allow the applicant more than seven days to enroll. At the same time, the case manager will assign the applicant to a job skills program of the secretary’s choosing.
4.2. Once an applicant is enrolled in a program he or she shall provide the case manager with weekly time sheets which have been provided to the applicant by the case manager. The applicant will also provide the case manager with weekly progress reports from the treatment program.
4.3. In similar fashion to the original drug test, the case manager will coordinate with the applicant to arrange for the applicant to be drug tested by a third-party vendor upon the completion of the treatment program. Again, such drug testing will be arranged by the applicant and the case manager and will be conducted by a third-party vendor pursuant to the provisions of subdivision 3.3.c. of this rule.
4.4. Upon successful completion of the substance abuse program, the applicant will be assigned to a new activity such as job searching, community college enrollment, or other similar activities to prepare the applicant for job placement.
4.5. The applicant shall continue to be subject to periodic, random drug testing.
4.6. Should an applicant referred for treatment refuse to enroll in a treatment program or participate in a job skills program, he or she is, subject to applicable federal law, ineligible for TANF benefits.
4.7. Any applicant referred for treatment who does not successfully complete both a treatment program and a job skills program is ineligible for TANF benefits, until successful completion of both programs.
4.8. If an applicant fails a random drug test after completion of the required programs, his or her receipt of TANF benefits shall be suspended until he or she successfully completes a second treatment program and job skills program, or for 12 months, whichever period shall be shorter.
4.9. An applicant’s third positive drug test shall, subject to applicable federal law, render him or her ineligible for TANF benefits.
W. Va. Code R. § 78-26-5 Other Adult Members, Dependent Children and Protective Payee
5.1. A protective payee may be designated for any applicant who is ineligible for TANF benefits due to:
5.1.a. The applicant’s refusal to fill out a drug use questionnaire or participate in a drug test;
5.1.b. The applicant’s refusal to participate in a treatment program; or
5.1.c. The applicant’s second or third positive drug test.
5.2. Upon an ineligibility determination as provided in subection 5.1., the applicant may designate a protective payee. The protective payee will receive TANF on behalf of the other eligible dependents in the applicant’s household. The protective payee shall have a fiduciary duty to properly expend all TANF monies received on behalf of the other eligible dependents.
5.3. The applicant shall present the proposed protective payee to his or her case manager for approval.
5.4. The secretary shall require the applicant’s designated protective payee to submit to the department’s drug use questionnaire and, if the designated protective payee satisfactorily completes the questionnaire, he or she will be approved as a protective payee for the eligible dependents.
5.5. The secretary reserves the right to audit all usage of TANF monies by the protective payee.
W. Va. Code R. § 78-26-6 Coordination with Child Protective Services
6.1. An investigation and home visit will be conducted by Child Protective Services (CPS) regarding the children of any applicant whose benefits are suspended without the designation of a protective payee or who has had his or her benefits terminated.
6.2. The investigation and home visit will be conducted by CPS. Once they are completed, CPS will prepare a report which details any action deemed necessary for the health and welfare of the children involved. If the health and welfare of the children involved does not require any action on the part of CPS, the report will state as such.
6.3. If the report indicates that CPS action is necessary, all services provided to the applicant and children shall be provided or coordinated by CPS, and not the case manager.
W. Va. Code R. § 78-26-7 Appeal Rights
7.1. Any applicant or protective payee who believes that he or she has been aggrieved by any action undertaken pursuant to W. Va. Code §9-3-6, or this rule, shall have the right to file an appeal with the West Virginia DHHR Board of Review.
W. Va. Code R. § 78-26-8 Confidentiality
8.1. The secretary will ensure the confidentiality of all drug screen and drug test results administered as part of this program.
8.2. Drug screen and test results will be used only for the purpose of determining eligibility for the TANF program.
8.3. At no time may drug screen or test results be released to any public or private person or entity or any law-enforcement agency, except as otherwise authorized by this rule.
Series 27 Procedure to Contest the Substantiation of Child Abuse or Neglect
W. Va. Code R. § 78-27-1 General
1.1. Scope. -- This rule establishes the procedure to contest the West Virginia Department of Human Services, Bureau for Social Services’ substantiation of abuse or neglect. This rule should be read in conjunction with W. Va. Code §49-4-601b.
1.2. Authority. -- W. Va. Code §29A-5-1 et seq. and §49-4-601b.
1.3. Filing Date. -- June 17, 2024.
1.4. Effective Date. -- June 17, 2024.
1.5. Sunset Provision. -- This rule shall terminate and have no further force or effect on August 1, 2029.
W. Va. Code R. § 78-27-2 Definitions
2.1. “Assessment” means the gathering of information by a child protective service worker to determine if a child has been abused or neglected, or both, by a parent, guardian, or custodian.
2.2. “Board of Review” means the board of review organized by the Department pursuant to W. Va. Code §9-2-6(13).
2.3. “Bureau” means the Bureau for Social Services of the West Virginia Department of Human Services.
2.4. “Child abuse and neglect” or “Child abuse or neglect” or “Child abuse and/or neglect” means any act or omission that creates an abused child or a neglected child as those terms are defined in W. Va. Code §49-1-201.
2.5. “Custodian” means a person who has or shares actual physical possession or care and custody of a child regardless of whether such person has been granted custody of the child by a contract, agreement, or legal proceedings.
2.6. “Department” means West Virginia Department of Human Services.
2.7. “Guardian” means an individual who has been court appointed to care for a child and make decisions on the child’s behalf.
2.8. “Hearing request form” means a document created by the Board of Review that initiates the administrative hearing process.
2.9. “Institutional Investigative Unit” (IIU) means the unit within the Bureau that investigates child abuse and neglect allegations by foster parents or individuals employed by a child-care facility (78CSR1); residential facility (78CSR3); family child-care facility (78CSR18); family child-care home (78CSR19); out of school time child-care center (78CSR21); a youth detention facility operated by the Department of Homeland Security, Division of Corrections and Rehabilitations, Bureau of Juvenile Services; or school personnel.
2.10. “Investigation” means the gathering of information by a child protective service worker or IIU worker to determine if a child has been abused or neglected, or both, by a parent, guardian, or custodian.
2.11. “Maltreatment substantiation” means the determination by a child protective service worker or IIU worker that the parent, guardian, or custodian has abused or neglected a child as defined in W. Va. Code §49-1-201. Maltreatment is considered to have occurred when a preponderance of the credible evidence indicates that the conduct of the parent, guardian, or custodian is child abuse or neglect, or both.
2.12. “Maltreater” means a parent, guardian, or custodian who has been determined by the Department to have abused or neglected a child as defined in W. Va. Code §49-1-201.
2.13. “Notice” means a letter prepared by the Bureau to provide notification of a maltreatment substantiation.
2.14. “Supervisor” means an individual who oversees the work product of a child protective service worker or IIU worker.
W. Va. Code R. § 78-27-3 Substantiation of abuse and neglect
3.1. The bureau may consider an allegation against a person of abuse or neglect of a child to have been substantiated for purposes of its records in either of the following three circumstances:
3.1.1. The allegation of abuse or neglect has been the subject of a petition under W. Va. Code §49-4-601 et seq. that resulted in an adjudication finding that the person committed one or more acts of abuse or neglect of a child, and that adjudication has not been reversed or vacated on appeal; or
3.1.2. The bureau, as a result of its own investigation, has determined that an allegation against a person of abuse or neglect of a child has been substantiated, whether or not there has been an adjudication under subdivision 3.1.1. of this rule: Provided, That when there has been no adjudication, sections four and five of this rule apply; or
3.1.3. In any case where a person is convicted of a felony offense against a child as set forth in W. Va. Code §61-8D-9 and the court, at the time of sentencing, found that person an abusing parent within the meaning of §49-4-601 through §49-4-610 of this code as to the child victim, and found that person an abusing parent as to any child who resided in the same household as the victim.
W. Va. Code R. § 78-27-4 Allegations of abuse or neglect substantiated on or before July 1, 2021
4.1. Any person may write to the bureau and inquire if the bureau has included him or her in its records of persons against whom there has been a substantiated claim of abuse or neglect of a child. The person making the inquiry shall provide the bureau with his or her full name, date of birth, address, and social security number.
4.2. Within 30 days of the request, the bureau shall inform the person that (a) the bureau has no record of any substantiated claim against the person of abuse or neglect of a child; or (b) the bureau does have a record of a substantiated allegation against the person of abuse or neglect of a child. If the substantiation is not based upon an adjudication described in subdivision 3.1.1. of this rule, the bureau shall provide the notice required under section 5 of this rule, and all of the rights and obligations of the bureau and the person apply as if the bureau’s substantiation had occurred after July 1, 2021.
W. Va. Code R. § 78-27-5 Notice requirements upon a maltreatment substantiation
5.1. After July 1, 2021, if the bureau determines that an allegation against a person of abuse or neglect of a child has been substantiated, the bureau shall provide written notice to the maltreater of its determination.
5.2. The notice shall contain the following information regarding the maltreatment substantiation:
5.2.1. The name of the child the maltreater was found to have abused or neglected;
5.2.2. The place(s) where the abuse or neglect occurred; and
5.2.3. The date(s) on which the abuse or neglect occurred.
5.3. The notice shall explain the maltreater’s due process rights, including:
5.3.1. The maltreater may contact the supervisor of the child protective service worker or IIU worker to discuss the maltreatment substantiation. The contact information of the supervisor must be included in the notice.
5.3.2. The maltreater has the right to protest the maltreatment substantiation through the Board of Review’s grievance process and clear instructions regarding how to file a grievance with the Board of Review, including any applicable time limits, shall be included in the notice. The notice shall include the hearing request form.
5.3.3. The maltreater has the right to request a copy of his or her file at no charge to the maltreater.
5.3.4. The maltreater has the right to appeal any adverse decision of the Board of Review to the circuit court pursuant to W. Va. Code §9-2-13.
5.4. The notice shall inform the maltreater that a finding of a substantiated abuse or neglect is recorded with the bureau. The notice shall also inform the maltreater that the fact that a finding of a substantiated abuse or neglect is recorded with the bureau may keep the maltreater from certain types of employment and may also prevent him or her from foster or kinship care of a child.
5.5. The notice shall be mailed to the maltreater, at his or her last known mailing address, by certified mail, return receipt requested within 15 days of the maltreatment substantiation.
W. Va. Code R. § 78-27-6 Procedure for filing a grievance
6.1. To grieve a maltreatment substantiation, the maltreater must:
6.1.1. Complete the hearing request form; and
6.1.2. Return the form to the supervisor or send the form to the Board of Review within 60 days of receipt of the notice.
6.2. Upon receipt of the hearing request form, the supervisor shall:
6.2.1. Review the investigation and determine if the maltreatment substantiation is appropriate. The supervisor may overturn the child protective service worker’s or IIU worker’s decision after consultation with program managers, child welfare consultants, or management as deemed appropriate by the Department;
6.2.2. Complete the bureau’s section of the hearing request form if the maltreatment substantiation is appropriate; and
6.2.3. Send the completed hearing request form to the Board of Review. The form shall be sent to the Board of Review within 30 days of receipt.
6.3. Hearings shall be held by the Board of Review in accordance with W. Va. Code §29A-5-1, et seq. and 69CSR1.
W. Va. Code R. § 78-27-7 Procedure for overturning a maltreatment substantiation
7.1. When a maltreatment substantiation is overturned, the bureau shall ensure that the decision is recorded within 60 days of the signed order. If the bureau elects to appeal such order, the time to record the decision is stayed.
W. Va. Code R. § 78-27-8 Procedure for sealing records of maltreatment substantiation
8.1. When any allegation of abuse or neglect is substantiated and a petition for abuse or neglect could be filed pursuant to W. Va. Code §49-4-601, et seq., and the bureau does not file a petition, all bureau records related to the allegation shall be sealed one year after the substantiation is made: Provided, That the person who is the subject of the allegation does not have another substantiation of abuse or neglect against them during the one-year period following the initial substantiation.
8.1.1. The provisions of subsection 8.1 of this rule do not apply to a person against whom an allegation is substantiated but the circumstances do not allow for the filing of a petition for abuse or neglect pursuant to W. Va. Code §49-4-601, et seq.
8.2. When any allegation of abuse or neglect is substantiated by the bureau and a petition is filed with the circuit court, which does not result in a judicial determination that abuse or neglect occurred, the bureau must overturn its substantiation and consider the alleged abuse or neglect unsubstantiated. The bureau shall follow the same procedure for overturning a maltreatment substantiation listed in section 7 of this rule.
8.3. When any allegation of abuse or neglect is substantiated and a judicial determination of child abuse or neglect is made, a person may petition the circuit court in which they were found to be an abusive or neglectful parent or guardian to have the bureau’s record(s) of his or her abuse or neglect sealed after no less than five years have elapsed since the finding of abuse or neglect was made. 8.3.1 In its consideration of a petition filed under subsection 8.3. of this rule, a court may, in its discretion, look at all factors related to the petition including, but not limited to, efforts at rehabilitation and family reunification.
8.3.2. A petition to seal records under subsection 8.3. of this rule may not be filed if the person has been the subject of another, separate substantiated allegation of abuse or neglect during the five years between the initial finding of abuse or neglect and the filing of the petition.
8.4. If a person’s records are sealed under subsections 8.1. or 8.3. of this rule, the records cannot be referred to by the department when conducting any background checks of the person pursuant to inquiries relating to potential employment.
Series 28 Deemed Head Start Child Care Center Licenses
W. Va. Code R. § 78-28-1 General
1.1. Scope. -- This rule establishes standards and procedures for the Head Start classrooms overseen by a Head Start Agency to be deemed child care center licensed under the provisions of W. Va. Code §49-2-115a and related to federal and state code.
1.2. Authority. -- W. Va. Code §49-2-115a.
1.3. Filing Date. -- March 30, 2023
1.4. Effective Date. -- April 1, 2023
1.5. Sunset Provision -- This rule shall terminate and have no further force or effect on August 1, 2028.
1.6. Purpose. -- This rule governs the regulation of Head Start agencies in West Virginia.
W. Va. Code R. § 78-28-2 Application and Enforcement
2.1. Application. This rule applies to any Head Start agency with an active Notice of Award with the Unites States Department of Health and Human Services pursuant to 42 USC §9801, et seq., may request to be deemed child care center licensed to operate a child care program for the sole purpose of utilizing the West Virginia Clearance for Access: Registry and Employment Screenings program.
2.2. Enforcement. This rule is enforced by the Secretary of the Department of Health and Human Resources.
W. Va. Code R. § 78-28-3 Definitions
3.1. Criminal History Background Check -- A review of information pursuant to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act (WV CARES), W. Va. Code §§16-49-1 et seq. and 69CSR10 and an examination of protective service records to determine eligibility for employment or participation under this rule.
3.2. Head Start Agency -- An agency, as defined in 42 U.S.C. § 9801 et seq, part 1305 of the Head Start Program Performance Standards, must establish and maintain a formal structure for program governance that includes a governing body, a policy council at the agency level, a policy committee at the delegate level, and a parent committee. Governing bodies have a legal and fiscal responsibility to administer and oversee the agency’s Head Start and Early Head Start programs. Policy councils are responsible for the direction of the agency’s Head Start and Early Head Start programs.
3.3. Head Start Deemed License -- Head Start agencies in receipt of a Notice of Award with 42 USC § 9801, et seq., issued by the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Head Start.
3.4. Notice of Award -- Documentation provided to a Head Start agency that indicates the agency will be funded through the Head Start Program.
W. Va. Code R. § 78-28-4 Deemed Licensed Status Application and Provisions
4.1. Application for a Head Start Deemed License status.
4.1.a. For a Head Start Agency to receive a deemed license, an applicant shall submit a completed application as prescribed by the Secretary. An application may be obtained by requesting one from the Division of Early Care and Education within the Department; contact information is located at https://dhhr.wv.gov/bcf/ece.
4.1.b. The Head Start Agency must have a current Notice of Award to apply.
4.1.c. An incomplete application shall be considered withdrawn if not completed within 60 days of submission.
4.1.d. The Secretary will issue a decision whether to grant a Head Start Deemed License within 60 days of receiving a completed application.
4.2. Requirements to maintain a Head Start Deemed License. A Head Start Deemed License is valid from the date of issuance, as determined by the Secretary, unless revoked or modified.
4.2.a. The Head Start Agency must submit the most current Notice of Award on an annual basis to the Child Care Regulation Unit.
4.2.b. A Head Start Deemed License is valid only for the Head Start agency and programs and the locations named in the application and is not transferable.
4.2.c. A Head Start agency shall keep on file the deemed license notification.
4.2.d. If Head Start agency and program locations change, the new Head Start agency shall submit an updated application within 60 days of the change.
4.2.e. Before the location of a Head Start agency or corresponding classrooms change, the licensee shall inform the Secretary of the planned change by submitting an updated application at least 60 days prior to the relocation.
W. Va. Code R. § 78-28-5 Investigation
5.1. Nothing herein shall be construed to prevent the Department from investigating complaints regarding the health, safety, or welfare of children.
5.2. A center shall not hire, continue to employ, or allow to volunteer any individual who is determined by the Department to have abused or neglected a child or incapacitated adult. 5.3 Failure to comply with subsection 5.2. may result in the Department revoking the Head Start Agency’s deemed license at the Secretary’s sole discretion.
W. Va. Code R. § 78-28-6 Use of West Virginia CARES 6.1 All Head start programs licensed, whether deemed or under traditional licensure through the department, shall have use of the WV CARES background check program
W. Va. Code R. § 78-28-7 Enforcement Actions
7.1. The Secretary will revoke a Head Start Agency deemed license or revert a deemed license to a license under 78CSR1 upon evidence that the U.S. Department of Health and Human Services, Administration for Children and Families, Office of Head Start, is no longer funding the agency.
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.