reglab/statecodes huggingface dataset:
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › APPENDICES › Appendix 78-1-B - Reportable Illnesses

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › APPENDICES › Appendix 78-1-C - Nutrition - Meal And Snack Patterns

Current through Register Vol. XLI, No. 28, July 12, 2024
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West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › APPENDICES › Appendix 78-1-D - Diaper Changing And Toilet Training

Current through Register Vol. XLI, No. 28, July 12, 2024
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West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-01 - Child Care Center Licensing Requirements › APPENDICES › Appendix 78-1-E - Staff-To-Child Ratio

Current through Register Vol. XLI, No. 28, July 12, 2024
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West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
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.wvlegistature.gov/
1.2. Authority. - W. Va. Code §
									49-2-121.
1.3. Filing Date. - May 11, 2021.
1.4. Effective Date. - .j.uly 1,
				2021.
1.5. Sunset Provision. This
				rule shall terminate and have no further force or effect on August 1,
				2026.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-4 - Licensing Information and Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-5 - Inspections, Complaints, Plans of Correction and Waivers

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-6 - Governance

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-7 - Staffing Process

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-8 - Employee Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Qualifications. An agency shall outline in .j.ob 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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-9 - The Child's and The Child's Family's Basic Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-10 - Placement Plans and Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-11 - Transfers and Discharges

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-12 - The Agency's Responsibilities to Foster and Adoptive Parents

Current through Register Vol. XLI, No. 28, July 12, 2024
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
etseq.;
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).
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-13 - Foster and Adoptive Parents' Characteristics and Criteria

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-14 - Foster and Adoptive Parents' Agreement with an Agency

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-15 - Safety Requirements for Foster and Adoptive Homes

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-17 - Approval or Denial of a Foster or Adoptive Home for Placement

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-18 - Re-Certification for Approved Foster and Adoptive Parents

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-19 - Training for Foster or Adoptive Parents

Current through Register Vol. XLI, No. 28, July 12, 2024
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 inservice 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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-20 - Foster or Adoptive Child Placement and Home Closure Information

Current through Register Vol. XLI, No. 28, July 12, 2024
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 nonidentifying
				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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-21 - Services to Biological Parents in Private Agency Adoption Only

Current through Register Vol. XLI, No. 28, July 12, 2024
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,
etseq.
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-22 - Department Adoption

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-23 - Private Agency Adoption

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-24 - Services Provided for Private Agency and Department Adoptions

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-25 - Transitional Living Services Program, Supervised Setting for Children Living Independently

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-26 - Grievance Procedure

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-02 - Child Placing Agencies Licensure › Section 78-2-27 - Administrative Due Process

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - 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 › Section 78-3-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - 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 › Section 78-3-2 - Applicationand Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - 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 › Section 78-3-4 - State Administrative Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - 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 › Section 78-3-5 - Ethical Practice, Rights and Responsibilities

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - 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 › Section 78-3-6 - Continuous Quality Improvement

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - 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 › Section 78-3-7 - Governing Body and Organization

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - 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 › Section 78-3-8 - Risk Management

Current through Register Vol. XLI, No. 28, July 12, 2024
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.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - 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 › Section 78-3-9 - Financial Management System

Current through Register Vol. XLI, No. 28, July 12, 2024
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.