West Virginia Code of State Rules › Agency 64 - Health › Title 64 - LEGISLATIVE RULE WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES › Series 64-38 - Licensure Of Nonprofit Corporations For Guardianship Service › Section 64-38-7 - Management of Guardianship of the Person of a Ward

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Services Generally
7.1.1 The corporation shall maintain an
				effective and direct role in the execution of its guardianship
				responsibilities. To this end, the corporation shall through its membership,
				employees, officers and directors be directly responsible for certain
				requirements as specified herein. The corporation may effectuate other
				responsibilities as specified in Section 5.17 of this rule.
7.1.2. Although the corporation shall not
				provide the educational, vocational, residential and medical services required
				by law and these rules, it shall be responsible for assuring that its wards are
				receiving these services as appropriate and in the setting least restrictive of
				the ward's personal liberty as required by law and as provided in these
				rules.
7.1.3. Services shall be
				provided to each ward according to the needs, characteristics and capabilities
				of the individual ward.
7.1.4. In
				the event that the ward is a resident of a health department inpatient
				facility, the corporation shall be required to represent the ward and to
				participate actively with health department staff in the planning of care and
				in other activities in which family members are generally expected to
				participate. The corporation shall also be required to represent the interests
				of the ward with state and county departments of education.
7.1.5. In the event that a ward is not
				enrolled in a program or a resident in a facility which provides care and
				supervision of the ward twenty-four hours a day, the corporation shall provide
				or shall make arrangements for the availability of emergency support outside of
				the normal business day suitable to the needs, characteristics, capabilities
				and circumstances of the ward and as might be expected to be provided by a
				responsible concerned family member. Such support availability requirements
				shall be satisfied by the following:
(a) the
				existence of a twenty-four hour a day community crisis intervention service
				with liaison to the corporation or caretaker of the ward;
(b) the availability of corporation staff,
				directors, members or volunteers through telephone or other form of direct
				contact during weekends and evenings;
(c) enrollment of the ward in case management
				or care programs with weekend and evening availability;
(d) any other arrangements or combination of
				arrangements which the department determines to be reasonably adequate to
				ensure the health and safety of the ward:
Provided,however,
That
				the corporation shall document that it has:
(a) informed the ward of the availability of
				the emergency support service;
(b)
				provided any training or practice needed by the ward;
(c) documents that it has met the information
				and training requirements; and
(d)
				documents the capability of the ward to make use of the emergency
				service.
7.1.6. The
				corporation shall provide or make arrangements for each ward to be provided an
				emergency identification information card unless the ward is resident in a
				twenty-four hour a day residential facility and shall encourage the ward to
				carry the card when not in his place of residence. The emergency identification
				card shall specify at least:
(a) the name,
				address and telephone number of persons to be notified in case of emergency or
				accident;
(b) any special
				conditions of the ward which might interfere with normal communication, such as
				but not limited to deafness; and
(c) identification of any medical conditions
				or treatments of note in an emergency medical situation, such as, but not
				limited to, medications being taken, medication allergies, or potential for
				seizures.
7.1.7. There
				shall be documented regular contact between the corporation and its wards as
				frequently as indicated by the needs, characteristics, capabilities, living
				circumstances and any other pertinent conditions of the ward and as feasible to
				the fiscal resources of the ward and the corporation:
Provided,however,
That there shall be no less than one
				person-to-person contact between the corporation membership or staff and the
				ward per year.
7.1.8. The
				corporation shall develop and keep on file a guardianship plan for the person
				of any ward for which it has such responsibilities which shall include at a
				minimum:
(a) a statement in detail of the
				particular characteristics, needs, abilities, disabilities and developmental
				potential of the ward;
(b) a
				statement in detail of the resources necessary to foster, to the fullest extent
				possible, his development and maintenance as a human being;
(c) a plan of specific actions to be
				undertaken by the corporation to protect the health, welfare and safety of the
				ward by securing for him services as required by law and this rule and other
				necessary and desirable social, habilitative, and other services as
				feasible.
7.1.9. The
				guardianship plan shall be reviewed and updated as indicated by the
				characteristics, needs, abilities, disabilities and living circumstances of the
				ward but not less than annually at a minimum. Such review and update shall be
				documented in writing.
7.1.10. The
				corporation shall encourage its wards to participate to the maximum of their
				abilities in all decisions affecting them.
7.1.11. The corporation shall encourage wards
				to act on their own behalf in all matters in which they are able to do
				so.
7.1.12. The corporation shall
				assist the ward in increasing his capabilities for self-help, independent
				living and adjustment to his residential and other community
				circumstances.
7.1.13. The
				corporation shall allow the ward freedom of choice in living circumstances and
				life styles unless there shall be documented evidence that such freedom of
				choice would be detrimental to the individual's health, safety and general
				welfare.