reglab/housing_qa huggingface dataset:
WV Code § 49-2-115 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-115. Conditions of Licensure, Approval and Registration

(a) A license or approval is effective for a period up to two years from the date of issuance, unless revoked or modified to provisional status based on evidence of a failure to comply with this chapter or any legislative rules promulgated by the secretary. The license or approval shall be reinstated upon application to the secretary and a determination of compliance.(b) An initial six-month license or approval shall be issued to an applicant establishing a new service found to be in compliance on initial review with regard to policy, procedure, organization, risk management, human resources, service environment and record keeping regulations.(c) A provisional license or approval may be issued when a licensee is not in compliance with the legislative rules promulgated by the secretary but does not pose a significant risk to the rights, well-being, health and safety of a consumer. It shall expire not more than six months from date of issuance, and not be consecutively reissued unless the provisional recommendation is that of the State Fire Marshal.(d) A renewal license or approval may be issued of any duration up to two years at the discretion of the secretary. In the event a renewal license is not issued, the facility must make discharge plans for residents and cease operation within thirty days of the expiration of the license.(e) A certificate of registration is effective for a period up to two years from the date of issuance, unless revoked based on evidence of a failure to comply with this article or any rules promulgated pursuant to this article. The certificate of registration shall be reinstated upon application to the secretary, including a statement of assurance of continued compliance with the legislative rules promulgated pursuant to this article.(f) The license, approval or registration issued under this article is not transferable and applies only to the facility and its location stated in the application. The license, registration or approval shall be publicly displayed. The foster and adoptive family homes, informal family child care homes and relative family child care homes shall be required to display registration certificates of registration or approval upon request rather than by posting.(g) Provisional certificates of registration may be issued to family child care homes.(h) The secretary, as a condition of issuing a license, registration or approval, may:(1) Limit the age, sex or type of problems of children allowed admission to a particular facility;(2) Prohibit intake of any children; or (3) Reduce the number of children which the agency, facility or home operated by the agency is licensed, approved, certified or registered to receive.
WV Code § 49-2-116 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-116. Investigative Authority; Evaluation; Complaint

(a) The secretary shall enforce this article.(b) An on-site evaluation of every facility regulated pursuant to this chapter, except registered family child care homes, informal family child care and relative family child care homes shall be conducted no less than once per year by announced or unannounced visits.(c) A random sample of not less than five percent of the total number of registered family child care homes, informal family child care homes and relative family child care homes shall be monitored annually through on-site evaluations.(d) The secretary shall have access to the premises, personnel, children in care and records of each facility subject to inspection, including at a minimum, case records, corporate and financial records and board minutes. Applicants for licenses, approvals, and certificates of registration shall consent to reasonable on-site administrative inspections, made with or without prior notice, as a condition of licensing, approval, or registration.(e) When a complaint is received by the secretary alleging violations of licensure, approval, or registration requirements, the secretary shall investigate the allegations. The secretary may notify the facility's director before or after a complaint is investigated and shall cause a written report of the results of the investigation to be made.(f) The secretary may enter any unlicensed, unregistered or unapproved child care facility or personal residence for which there is probable cause to believe that the facility or residence is operating in violation of this article. Those entries shall be made with a law-enforcement officer present. The secretary may enter upon the premises of any unregistered residence only after two attempts by the secretary to bring this facility into compliance.
WV Code § 49-2-117 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-117. Revocation; Provisional Licensure and Approval

(a) The secretary may revoke or make provisional the licensure registration of any home facility or child welfare agency regulated pursuant to this chapter if a facility materially violates this article, or any terms or conditions of the license, registration or approval issued, or fails to maintain established requirements of child care. This section does not apply to family child care homes.(b) The secretary may revoke the certificate of registration of any family child care home if a facility materially violates this article, or any terms or conditions of the registration certificate issued, or fails to maintain established requirements of child care.
WV Code § 49-2-118 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-118. Closing of Facilities by the Secretary; Placement of Children

When the secretary finds that the operation of a residential care 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. When necessary, the secretary shall place or direct the placement of the children in a residential facility which has been closed into appropriate facilities. A facility closed by the secretary may not operate pending administrative or judicial review without court order.
WV Code § 49-2-119 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-119. Supervision; Consultation; State Fire Marshall to Cooperate

(a) The secretary shall provide supervision to ascertain compliance with the rules promulgated pursuant to this chapter through regular monitoring, visits to facilities, documentation, evaluation and reporting. The secretary is responsible for training and education, within fiscal limitations, specifically for the improvement of care in family child care homes and facilities. The secretary shall consult with applicants, the personnel of child welfare agencies, and children under care to assure the highest quality child care possible.(b) The State Fire Marshal shall cooperate with the secretary in the administration of this article by providing reports and assistance as may be requested by the secretary.
WV Code § 49-2-120 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-120. Penalties; Injunctions; Venue

(a) Any individual or corporation which operates a child welfare agency, residential facility or child care center without a license when a license is required is guilty of a misdemeanor and, upon conviction, shall be confined in jail not exceeding one year, or fined not more than $500, or both fined and confined.(b) Any family child care facility which operates without a license when a license is required is guilty of a misdemeanor and, upon conviction, shall be fined not more than $500.(c) Where a violation of this article or a legislative rule promulgated by the secretary may result in serious harm to children under care, the secretary may seek injunctive relief against any person, corporation, child welfare agency, child placing agency, child care center, family child care facility, family child care home or governmental 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.
WV Code § 49-2-121 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-121. Rule-Making

(a) The secretary shall promulgate legislative rules in accordance with 29A-3-1 et seq. of this code regarding the licensure, approval, certification, and registration of child care facilities and the implementation of this article. (b) The secretary shall review the rules promulgated pursuant to this article at least once every five years, making revisions when necessary or convenient.(c) The rules shall incorporate, by reference, the requirements of the Integrated Pest Management Program established by legislative rule by the Department of Agriculture under 19-16A-4 of this code.
WV Code § 49-2-122 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-122. Waivers and Variances to Rules

Waivers or variances of rules may be granted by the secretary if the health, safety or well-being of a child would not be endangered thereby. The secretary shall promulgate by legislative rule criteria and procedures for the granting of waivers or variances so that uniform practices may be maintained throughout the state.
WV Code § 49-2-123 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-123. Annual Reports; Directory; Licensing Reports and Recommendations

(a) The secretary shall submit on or before January 1, of each year a report to the Governor and the Legislative Oversight Commission on Health and Human Resources Accountability, concerning the regulation of child welfare agencies, child placing agencies, child care centers, family child care facilities, family child care homes, informal family child care homes, relative family child care homes and child care facilities during the year. The report shall include at a minimum, data on the number of children and staff at each facility (except family child care, informal family child care homes and relative family child care), applications received, types of licenses, approvals and registrations granted, denied, made provisional or revoked and any injunctions obtained or facility closures ordered.(b) The secretary also shall compile annually a directory of licensed, certified and approved child care providers including a brief description of their program and facilities, the program's capacity and a general profile of children served. A listing of family child care homes shall also be compiled annually.(c) Licensing reports and recommendations for licensure which are a part of the yearly review of each licensed facility shall be sent to the facility director. Copies shall be available to the public upon written request to the secretary.
WV Code § 49-2-124 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-124. Certificate of Need Not Required; Conditions; Review

A certificate of need, as provided in 16-2D-1 et seq. of this code, is not required by an entity proposing behavioral health care facilities or behavioral health care services for children who are placed out of their home, or who are at imminent risk of being placed out of their home.
WV Code § 49-2-128 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-128. Reasonable and Prudent Foster Parent Standard

(a) As used in this section, the following terms have the following meanings:"Age-appropriate" means activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity. Age-appropriateness is based on the development of cognitive, emotional, physical, and behavioral capacity that is typical for an age or age group."Caregiver" means a foster parent, kinship parent, or a designated official in a residential treatment facility."Reasonable and prudent foster parent standard" means the standard characterized parental decisions that maintain the childs health, safety, and best interests, while at the same time encouraging the childs emotional and developmental growth, that a caregiver shall use when determining whether to allow a child to participate in extracurricular, enrichment, and social activities.(b) Each child who comes into care under this chapter is entitled to participate in age-appropriate extracurricular, enrichment, and social activities.(c) Caregivers shall use a reasonable and prudent foster parent standard in determining whether to give permission for a child in out-of-home care to participate in extracurricular, enrichment, and social activities. When using the reasonable and prudent foster parent standard, the caregiver shall consider:(1) The childs age, maturity, and developmental level, to maintain the overall health and safety of the child;(2) The potential risk factors and the appropriateness of the extracurricular, enrichment, and social activity;(3) The best interest of the child based on information known to the caregiver;(4) The importance of encouraging the childs emotional and developmental growth;(5) The importance of providing the child with the most family-like living experience possible; and(6) The behavioral history of the child and the childs ability to safely participate in the proposed activity, as with any other child.(d) Child placing agencies and residential treatment facilities shall have policies consistent with this section and shall promote and protect the ability of children to participate in age-appropriate extracurricular, enrichment, and social activities. (e) A foster or kinship parent may use persons to care for or babysit for the child or permit overnight stays outside of the home using the reasonable and prudent foster parent standard.(f) There is a rebuttable presumption that a caregiver has acted as a reasonable and prudent foster parent.(g) A caregiver is not liable for harm caused to a child in his or her care who participates in an activity approved by the caregiver, provided that the caregiver has acted as a reasonable and prudent foster parent, unless the foster parent commits an act or omission that is an intentional tort or conduct that is willful, wanton, grossly negligent, reckless, or criminal.
WV Code § 49-2-201 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-201. Findings and Purpose

§49-2-201. Findings and purpose.The Legislature finds that there exists a need in this state to assist dysfunctional families by providing nurture and care to those families' children as an alternative to removing children from the families.The Legislature also finds that the family is the primary social institution responsible for meeting the needs of children and that the state has an obligation to assist families in this regard.The Legislature further finds that children have significant emotional and social ties to the natural or surrogate family beyond basic care and nurture for which the family is responsible.The purpose of this article is to establish a pilot program to evaluate the utility of providing intensive intervention with the families of children that are at risk of being removed from the home. For these limited purposes, the department is authorized to use available appropriate funds for that intervention service, but only to the extent that moneys would normally be available for the removal and placement of the particular child at risk.
WV Code § 49-2-202 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-202. When Family Preservation Services Required

Home-based family preservation services are required in all cases where the removal of a child or children is seriously being considered, whether from a natural home or a surrogate home, wherein a child or children have lived for a substantial period of time. However, those services are not required when the child appears in imminent danger of serious bodily or serious emotional injury.
WV Code § 49-2-203 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-203. Caseload Limits for Home-Based Preservation Services

For purposes of this article, no contractor employee of the department may exceed three families during any period of time when that contractor employee is engaged in providing intensive, short term home-based family preservation intervention. In addition, no caseload may exceed six families during any period of time when home-based aftercare is provided pursuant to this article. When providing either type of home-based family preservation services to any family, the department or contractor shall provide trained personnel who shall be available during nonworking hours to assist families on an emergency basis.
WV Code § 49-2-204 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-204. Situational Criteria Requiring Service

The services required by this article shall be made available to any dysfunctional family in which there exists an imminent risk of placement of at least one child outside the home as the result of abuse, neglect, dependency or delinquency or any emotional and behavioral problems. Payment for contractual services shall be on a cost-per-family basis. Any renewal of a contract shall be based on performance.
WV Code § 49-2-205 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-205. Service Delivery Through Service Contracts; Accountability

The services required by this article which are not practically deliverable directly from the department may be subcontracted to professionally qualified private individuals, associations, agencies, corporations, partnerships or groups. The service provider shall be required to submit monthly activity reports as to any services rendered to the department of human services. The activity reports shall include project evaluation in relation to individual families being served as well as statistical data concerning families that are referred for services which are not served due to unavailability of resources. The costs of program evaluation are an allowable cost consideration in any service contract negotiated in accordance with this article. The department shall conduct a thorough investigation of the contractors utilized by the department pursuant to this article.
WV Code § 49-2-206 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-206. Special Services to Be Provided

The costs of providing special services to families receiving regular services in accordance with this article are allowable to the extent those goods and services are justified pursuant to carrying out the purposes of this article. Those special services may include, but are not limited to, homemaker assistance, food, clothing, educational materials, respite care and recreational or social activities.
WV Code § 49-2-207 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-207. Development of Home-Based Family Preservation Services

The department is authorized to use appropriate state, federal, and/or private funds within its budget for the provision of family preservation and reunification services. Appropriated state funding made available through capture of additional federal funds shall be utilized to provide family preservation and reunification services as described in this article. Costs of providing home-based services described in this article shall not exceed the costs of out-of-home care which would be incurred otherwise.
WV Code § 49-2-301 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-301. Findings and Intent; Advisory Council

§49-2-301. Findings and intent; advisory council.(a) The Legislature finds that:(1) High quality early childhood development substantially improves the intellectual and social potential of children and reduces societal costs;(2) A child care program quality rating and improvement system provides incentives and resources to improve the quality child care programs; and(3) A child care program quality rating and improvement system provides information about the quality of child care programs to parents so they may make more informed decisions about the placement of their children.(b) It is the intent of the Legislature to require the Secretary of the Department of Health and Human Resources promulgate a legislative rule and establish a plan for the phased implementation of a child care program quality rating and improvement system not inconsistent with the provisions of this article.(c) The Secretary of the Department of Health and Human Resources shall create a Quality Rating and Improvement System Advisory Council to provide advice on the development of the rule and plan for the phased implementation of a child care program quality rating and improvement system and the ongoing program review and policies for quality improvement. The secretary shall facilitate meetings of the advisory council. The advisory council shall include representatives from the provider community, advocacy groups, the Legislature, providers of professional development services for the early childhood community, regulatory agencies and others who may be impacted by the creation of a quality rating and improvement system.(d) Nothing in this article requires an appropriation, or any specific level of appropriation, by the Legislature.
WV Code § 49-2-304 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-304. Quality Rating and Improvement System Pilot Projects; Independent Third-Party Evaluation; Modification of Proposed Rule and Financial Plan; Report to Legislature; Limitations on Implementation

The secretary shall report annually to the Legislature on the progress on development and implementation of a child care quality rating and improvement system and its impact on improving the quality of child care in the state. The secretary may propose amendments to the rules and financial plan necessary to promote implementation of the quality rating and improvement system and improve the quality of child care and may recommend needed legislation. Nothing in this article requires the implementation of a quality rating and improvement system unless funds are appropriated therefore. The secretary may prioritize the components of the financial plan for implementation and quality improvement for funding purposes. If insufficient funds are appropriated for full implementation of the quality rating and improvement system, the rules shall provide for gradual implementation over a period of several years.
WV Code § 49-2-501 (2021)
2021 West Virginia Code|Chapter 49. Child Welfare|Article 2. State Responsibilities for Children|§49-2-501. Children to Whom Article Applies; Intent

§49-2-501. Children to whom article applies; intent.It is the intention of this article that services for children with special health care needs shall be extended only to those children for whom adequate care, treatment and rehabilitation are not available from other than public sources.