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2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-101. Authorization and Responsibility; Bureau for Social Services

(a) The Bureau for Social Services is continued within the department. The bureau is under the immediate supervision of a commissioner.
(b) The Bureau for Social Services is authorized to provide care, support, and protective services for children who are handicapped by dependency, neglect, single parent status, mental or physical disability, or who for other reasons are in need of public service. The bureau is also authorized to accept children for care from their parent or parents, guardian, custodian, or relatives, and to accept the custody of children committed to its care by courts. The bureau or any county office of the department is also authorized to accept temporary custody of children for care from any law-enforcement officer in an emergency situation.
(c) The bureau is responsible for the care of the infant child of an unmarried mother who has been committed to the custody of the department while the infant is placed in the same licensed child welfare agency as his or her mother. The bureau provides care for those children in family homes meeting required standards, at board or otherwise, through a licensed child welfare agency, or in a state institution providing care for dependent or neglected children. If practical, when placing any child in the care of a family or a child welfare agency, the bureau shall select a family holding the same religious belief as the parents or relatives of the child, or a child welfare agency conducted under religious auspices of the same belief as the parents or relatives.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-102. Staffing Allocation for Child Protective Services Workers

Notwithstanding any other provision of this code to the contrary, effective July 1, 2024, the commissioner shall allocate and station child protective services workers by county based on population, referrals, and average caseload. The allocation may not decrease below the bureaus allocation of January 1, 2023. The county population shall be based on the United States Census. The bureau shall report the allocation to the Legislative Oversight Commission on Health and Human Resources Accountability by July 1 each year.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-105. Administrative and Judicial Review

Any person, corporation, governmental official or child welfare agency, aggrieved by a decision of the secretary made pursuant to this chapter may contest the decision upon making a request for a hearing by the secretary within thirty days of receipt of notice of the decision. Administrative and judicial review shall be made in accordance with article five, chapter twenty-nine-a of this code. Any decision issued by the secretary may be made effective from the date of issuance. Immediate relief therefrom may be obtained upon a showing of good cause made by verified petition to the Circuit Court of Kanawha County or the circuit court of any county where the affected facility or child welfare agency may be located. The dependency of administrative or judicial review shall not prevent the secretary from obtaining injunctive relief pursuant to section one hundred twenty, article two of this chapter.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-106. Department Responsibility for Foster Care Homes

It is the responsibility of the Department of Health and Human Resources to provide care for neglected children who are committed to its care for custody or guardianship. The department may provide this care for children in family homes meeting required standards of certification established and enforced by the Department of Health and Human Resources.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-107. Foster-Home Care; Minimum Standards; Certificate of Operation; Inspection

(a) The department shall establish minimum standards for foster-home care to which all certified foster homes must conform by legislative rule. Any home that conforms to the standards of care set by the department shall receive a certificate of operation.
(b) The certificate of operation shall be in force for three years from the date of issuance and may be renewed unless revoked because of willful violation of this chapter.
(c) The certificate shall show the name of the person or persons authorized to conduct the home, its exact location and the number of children that may be received and cared for at one time and other information as set forth in legislative rule. No certified foster home shall provide care for more children than are specified in the certificate.
(d) No unsupervised foster home shall be certified until an investigation of the home and its standards of care has been made by the department or by a licensed child welfare agency serving as a representative of the department.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-108. Visits and Inspections; Records

The department or its authorized agent shall visit and inspect every certified foster home as often as is necessary to assure proper care is given to the children. Every certified foster home shall maintain a record of the children received. This record shall include information in a type, form, and manner as prescribed by the department in legislative rule.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-109. Placing Children From Other States in Private Homes of State

An institution or organization incorporated under the laws of another state shall not place a child in a private home in the state without the approval of the department, and the agency so placing the child shall arrange for supervision of the child through its own staff or through a licensed child welfare agency in this state, and shall maintain responsibility for the child until he or she is adopted or discharged from care with the approval of the department.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-110. Development of Standards of Child Care

The department shall develop standards for the care of children. It shall cooperate with, advise, and assist all child welfare agencies, including state institutions, which care for children who have been neglected, have been adjudicated delinquent, or have special needs such as physical, mental, or intellectual disabilities, and shall supervise those agencies. The department, in cooperation with child welfare agencies, shall formulate and make available standards of child care and services for children, to which all child welfare agencies must conform.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-111. Supervision of Child Welfare Agencies by the Department; Records and Reports

(a) In order to improve standards of child care, the department shall cooperate with the governing boards of child welfare agencies, assist the personnel of those agencies through advice on progressive methods and procedures of child care and improvement of the service rendered, and assist in the development of community plans of child care. The department, or its duly authorized agent, may visit any child welfare agency to advise the agency on matters affecting the health of children.
(b) Each child welfare agency shall keep records of each child under its control and care as the department may prescribe, and shall report to the department, whenever requested, facts as may be required with reference to the children, upon forms furnished by the department. All records regarding children and all facts learned about children and their parents or relatives shall be regarded as confidential and shall be properly safeguarded by the agency and the department.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-111b. Study of Kinship Foster Care Families

(a) The department shall conduct a study and make recommendations for improving services provided for kinship foster care families. This study shall include at a minimum:
(1) A review of best practices in other states;
(2) A proposal for an alternate system of regulation for kinship foster care that includes the same reimbursement as other foster care families as well as a reasonable time period for obtaining certification;
(3) An evaluation of what training and supports are needed to ensure that kinship care homes are successful.
(b) The results of this shall be shared with all members of the Legislature by October 1, 2019.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-111c. Priorities for Use of Funds

(a) Subject to appropriations by the Legislature, the department is authorized and directed to:
(1) Enhance and increase efforts to provide services to prevent the removal of children from their homes;
(2) Identify relatives and fictive kin of children in need of placement outside of the home;
(3) Train kinship parents to become certified foster parents;
(4) Expand a tiered foster care system that provides higher payments for foster parents providing care to, and child placing agencies providing services to, foster children who have severe emotional, behavioral, or intellectual problems or disabilities, with particular emphasis upon removing children in congregate care and placing them with suitable foster parents. This program shall be operational no later than December 1, 2020; and
(5) Develop a pilot program to increase payment to uncertified kinship parents for the purpose of further helping families who have accepted kinship placements.
(b) During fiscal year 2021, the department shall expend at least $16,900,000 for the purposes of implementing the priorities and objectives listed in this section.
(c) On or before July 1, 2022 and on or before July 1 of every year thereafter, the secretary of the department shall present a report to the Joint Standing Committee on Government and Finance regarding the expenditures made pursuant to subsection (b) of this section and the departments progress in meeting the priorities and objectives listed in subsection (a) of this section:
Provided,
That the secretary shall provide the information described in this subsection and updates to previous reports at any time, upon request of the Joint Standing Committee on Government and Finance.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-112. Family Homes; Approval of Incorporation by Secretary of State; Approval of Articles of Incorporation

Before issuing a charter for the incorporation of any organization having as its purpose the receipt of children for care or for placement in family homes, the Secretary of State shall provide a copy of the petition, together with any other information in his or her possession pertaining to the proposed corporation, to the secretary.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-114. Application for License or Approval

(a) Any person or corporation or any governmental agency intending to act as a child welfare agency shall apply for a license, approval or registration certificate to operate child care facilities regulated by this chapter. Applications for licensure, approval or registration shall be made separately for each child care facility to be licensed, approved, certified or registered.
(b) The secretary shall prescribe by legislative rule forms and reasonable application procedures including, but not limited to, fingerprinting of applicants and other persons responsible for the care of children for submission to the State Police and, if necessary, to the Federal Bureau of Investigation for criminal history record checks.
(c) Before issuing a license, or approval, the secretary shall investigate the facility, program and persons responsible for the care of children. The investigation shall include, but not be limited to, review of resource need, reputation, character and purposes of applicants, a check of personnel criminal records, if any, and personnel medical records, the financial records of applicants, review of the facilities emergency evacuation plan and consideration of the proposed plan for child care from intake to discharge.
(d) Before a home registration is granted, the secretary shall make inquiry as to the facility, program and persons responsible for the care of children. The inquiry shall include self-certification by the prospective home of compliance with standards including, but not limited to:
(1) Physical and mental health of persons present in the home while children are in care;
(2) Criminal and child abuse or neglect history of persons present in the home while children are in care;
(3) Discipline;
(4) Fire and environmental safety;
(5) Equipment and program for the children in care; and
(6) Health, sanitation and nutrition.
(e) Further inquiry and investigation may be made as the secretary may direct and sees as necessary.
(f) The secretary shall make a decision on each application within sixty days of its receipt and shall provide to unsuccessful applicants written reasons for the decision.
2023 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.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-115a. Head Start Program Licenses

(a) A Head Start program in good standing with the United States Department of Health and Human Services pursuant to 42 USC 9381
et seq
. may request to be deemed a licensee to operate a child care program for the sole purpose of utilizing the West Virginia Clearance for Access: Registry and Employment Screenings program. At the discretion of the secretary, a deemed license may not permit the licensee to access the other services provided by the Bureau for Family Assistance as it relates to the specific deemed child care license.
(b) The section may not be construed to prevent the department from investigating complaints regarding the health, safety, or welfare of children.
(c) The department shall propose a legislative rule for promulgation by July 1, 2022, to effectuate this section.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-130. Limitation of Liability; Mandatory Errors and Omissions Insurance

(a) Every child welfare agency shall obtain a policy of insurance in an amount not less than $1 million per incident insuring the person or entity and every employee, against loss from the liability imposed by law for damages arising from any error or omission in the provision of child placement services.
(b) A child welfare agency providing programs or services is not liable for civil damages in excess of $1,000,000, per incident, unless the damages or injuries are intentionally or maliciously inflicted.
(c) Every person or entity required by this section to obtain a policy of insurance shall furnish proof of the existence of the policy to the department on or before January 1 of each calendar year.
(d) Any person or entity who fails to secure a policy of insurance before providing child placement services is not entitled to the limited liability created by subsection (b) of this section.
(e) An act of sexual assault or sexual abuse shall constitute an incident.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-502. Powers of the Secretary

In the care and treatment of children with special health care needs the Secretary of the Department of Health and Human Resources shall, so far as funds are available for the following purposes:
(1) Locate children with special health care needs requiring medical, surgical or other corrective treatment and provide competent diagnosis to determine the treatment required.
(2) Supply to children with special health care needs treatment, including hospitalization and aftercare leading to correction and rehabilitation.
(3) Guide and supervise children with special health care needs to assure adequate care and treatment.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-503. Report of Birth of Special Health Care Needs Child

Within thirty days after the birth of a child with a congenital deformity, the physician, midwife or other person attending the birth shall report to the Department of Health and Human Resources, on forms prescribed by them, the birth of the child.
The report shall be solely for the use of the Department of Health and Human Resources and shall not be open for public inspection.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-505. Cost of Treatment

All payments from any corporation, association, program or fund providing insurance coverage or other payment for medicine, medical, surgical and hospital treatment, crutches, artificial limbs and those other and additional approved mechanical appliances and devices as may be reasonably required for a child with special health care needs, shall be applied toward the total cost of treatment.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-601. Findings; Intent

§49-2-601. Findings; intent.
(a) The West Virginia Legislature finds that families are the greatest resource available to individuals with developmental disabilities, and they must be supported in their role as primary caregivers. It further finds that supporting families in their effort to care for their family members at home is more efficient, cost effective and humane than placing the developmentally disabled person in an institutional setting.
(b) The Legislature accepts the following as basic principles for providing services to support families of people with developmental disabilities:
(1) The quality of life of children with developmental disabilities, their families and communities is enhanced by caring for the children within their own homes. Children with disabilities benefit by growing up in their own families, families benefit by staying together and communities benefit from the inclusion of people with diverse abilities.
(2) Adults with developmental disabilities should be afforded the opportunity to make decisions for themselves, live in typical homes and communities and exercise their full rights as citizens. Developmentally disabled adults should have the option of living separately from their families but when this is not the case, families of disabled adults should be provided the support services they need.
(3) Services and support for families should be individualized and flexible, should focus on the entire family and should promote the inclusion of people with developmental disabilities in all aspects of school and community life.
(4) Families are the best experts about what they need. The service system can best assist families by supporting families as decision makers as opposed to making decisions for them.
(c) The Legislature finds that there are at least ten thousand West Virginians with developmental disabilities who live with and are supported by their families, and that the state's policy is to prevent the institutionalization of people with developmental disabilities.
(d) To maximize the number of families supported by this program, each family will contribute to the cost of goods and services based on their ability to pay, taking into account their needs and resources.
(e) Therefore, it is the intent of the Legislature to initiate, within the resources available, a program of services to support families who are caring for family members with developmental disabilities in their homes.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-602. Family Support Services; Responsibilities; Funds; Case Management; Outreach; Differential Fees

(a) The regional family support agency, designated under article two of this chapter, shall direct and be responsible for the individual assessment of each developmentally disabled person which it has designated and shall prepare a service plan with the developmentally disabled person's family. The needs and preferences of the family will be the basis for determining what goods and services will be made available within the resources available.
(b) The family support program may provide funds to families to purchase goods and services included in the family service plan. Those goods and services related to the care of the developmentally disabled person may include, but are not limited to:
(1) Respite care;
(2) Personal and attendant care;
(3) Child care;
(4) Architectural and vehicular modifications;
(5) Health-related costs not otherwise covered;
(6) Equipment and supplies;
(7) Specialized nutrition and clothing;
(8) Homemaker services;
(9) Transportation;
(10) Utility costs;
(11) Integrated community activities; and
(12) Training and technical assistance.
(c) As part of the family support program, the regional family support agency, designated under section six hundred two of this article, shall provide case management for each family to provide information, service coordination and other assistance as needed by the family.
(d) The family support program shall assist families of developmentally disabled adults in planning and obtaining community living arrangements, employment services and other resources needed to achieve, to the greatest extent possible, independence, productivity and integration of the developmentally disabled adult into the community.
(e) The family support program shall conduct outreach to identify families in need of assistance and shall maintain a waiting list of individuals and families in the event that there are insufficient resources to provide services to all those who request them.
(f) The family support program may provide for differential fees for services under the program or for appropriate cost participation by the recipient families consistent with the goals of the program and the overall financial condition of the family.
(g) Funds, goods or services provided to eligible families by the family support program under this article shall not be considered as income to those families for any purpose under this code or under the rules and regulations of any agency of state government.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-603. Eligibility; Primary Focus

(a) To be eligible for the family support program, a family must have at least one family member who has a developmental disability, as defined in this article, living with the family.
(b) The primary focus of the family support program is supporting: (1) Developmentally disabled children, school age and younger, within their families; (2) adults with developmental disabilities who choose to live with their families; and (3) adults with developmental disabilities for whom other community living arrangements are not available and who are living with their families.
2023 West Virginia Code › Chapter 49. Child Welfare › Article 2. State Responsibilities for Children › §49-2-604. Program Administration; Implementation; Procedures; Annual Evaluation; Coordination; Plans; Grievances; Reports

(a) The administering agency for the family support program is the Department of Health and Human Resources.
(b) The Department of Health and Human Resources shall initially implement the family support program through contracts with an agency within four of the states behavioral health regions, with the four regions to be determined by the Department of Health and Human Resources in consultation with the state family support council. These regional family support agencies of the family support program will be responsible for implementing this article and subsequent policies for the families of persons with developmental disabilities residing within their respective regions.
(c) The Department of Health and Human Resources, in conjunction with the state family support council, shall adopt policies and procedures regarding:
(1) Development of annual budgets;
(2) Program specifications;
(3) Criteria for awarding contracts for operation of regional family support programs and the role of regional family support councils;
(4) Annual evaluation of services provided by each regional family support agency, including consumer satisfaction;
(5) Coordination of the family support program and the use of its funds, throughout the state and within each region, with other publicly funded programs, including Medicaid;
(6) Performance of family needs assessments and development of family service plans;
(7) Methodology for allocating resources to families within the funds available; and
(8) Resolution of grievances filed by families pertaining to actions of the family support program.