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 78-23 - W. Va. Works Program Sanctions › Section 78-23-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Assistance
				Group - Means all at-risk individuals living in a residence together who
				purchase and prepare meals for the group.
2.2. De minimis Violation - Means a minor
				violation or failure to perform an act required by this rule. A de minimis
				violation is not per se an automatic sanction violation but could be actionable
				or result in a sanction if the violation is willful or determined by the case
				manager not to constitute good cause.
2.3. Department - Means the West Virginia
				Department of Health and Human Resources.
2.4. Good Cause - Means a legitimate and
				verified, in accordance with applicable DHHR policy, excuse for failing to
				perform an act required by a Personal Responsibility Contract, Self-Sufficiency
				Plan such as, including but not limited to, physical and mental capacity or the
				unavailability of child care. See, Income Maintenance Manual Chapter
				13.10
2.5. Personal Responsibility
				Contract - Is a written contract between each of the adult (s) or emancipated
				minor (s) of the WV WORKS program, or non-recipient Work-Eligible
				Individual(s), and the Case Manager, as the representative of the Department.
2.6. Sanction - Means a sanction
				that results in the termination of a beneficiary's cash assistance. A sanction
				violation includes, but is not limited to, fraud, noncompliance of the personal
				responsibility contract, failure or refusal to comply with the requirements of
				the work component may adversely affect the beneficiary's W. Va. WORKS
				eligibility or the amount of his WV WORKS check. See, Income Maintenance
				Manual, Chapter 9.
2.7.
				Self-Sufficiency Plan - Means a written plan that lists the goals of each
				individual and the tasks necessary to accomplish those goals.
2.8. Termination - Means the act of ending a
				beneficiary's cash assistance for the term specified by the sanction.
2.9. West Virginia WORKS Program - Means a
				program that provides monthly cash assistance based on the goals of assisting
				economically dependent and at-risk families to become self supporting,
				enhancing the well-being of children, and on assisting families near the
				poverty level remain self-sufficient. The West Virginia Works Program is also
				known as Temporary Assistance to Needy Families program (TANF).
2.10. Work-Eligible Individual - Means an
				individual that is not included in the W. Va. WORKS payment but is required to
				participate in an activity.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-23 - W. Va. Works Program Sanctions › Section 78-23-3 - Breach of Personal Responsibility Contract, Fraud or Deception, Code Violation, Rule Violation and Department Policy

Current through Register Vol. XLI, No. 28, July 12, 2024
The Department shall terminate, unless good cause exists or
				  there was a de minimis violation, cash assistance benefits to an at-risk family
				  if it finds any of the following:
Fraud or deception by the beneficiary in applying for or
				  receiving program benefits;
A substantial breach by the beneficiary of the requirements
				  and obligations set forth in the personal responsibility contract and any
				  amendments or addenda to the contract; or
A violation by the beneficiary of any provision of the
				  personal responsibility contract or any amendments or addenda to the contract,
				  Ch. 9, Art. 9, or any rule or policy promulgated by the secretary pursuant to
				  this Ch. 9, Art. 9 of the W. Va. Code.
When a member of the Assistance Group or non-recipient
				  Work-Eligible Individual does not comply with requirements found on his
				  Personal Responsibility Contract or Self-Sufficiency Plan, termination of
				  benefits may be imposed unless the case manager determines that good cause
				  exists or there existed a de minimis violation.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-23 - W. Va. Works Program Sanctions › Section 78-23-4 - Sanctions

Current through Register Vol. XLI, No. 28, July 12, 2024
The sanctions are applied in the form of termination of
				  benefits for a specific length of time. The length of termination of benefits
				  is determined as follows:
First sanction -- entire assistance group ineligible for one
				  month;
Second sanction -- entire assistance group ineligible for six
				  months; and
Third sanction -- entire assistance group ineligible for one
				  year; but may reapply within one year.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-23 - W. Va. Works Program Sanctions › Section 78-23-5 - Notice

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. In the event
				the Department determines that benefits received by the assistance group are
				subject to reduction or termination, written notice of the reduction or
				termination and the reason for the reduction or termination shall be deposited
				in the United States mail, postage prepaid and addressed to the beneficiary at
				his or her last-known address at least thirteen days prior to the termination
				or reduction.
5.2. The notice shall
				state the action being taken by the Department and grant the assistant group a
				reasonable opportunity to be heard at a fair and impartial hearing before the
				department in accordance with administrative procedures established by the
				Department and due process of law.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-23 - W. Va. Works Program Sanctions › Section 78-23-6 - Burden of Proof

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In any
				hearing conducted pursuant to the provisions of this rule, the assistance group
				has the burden of proving that his or her benefits were improperly reduced or
				terminated and shall bear his or her own costs, including attorneys'
				fees.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-23 - W. Va. Works Program Sanctions › Section 78-23-7 - Fair Hearing

Current through Register Vol. XLI, No. 28, July 12, 2024
The hearing shall be conducted by a fair and impartial
				  hearings officer before the West Virginia Department of Health and Human
				  Resources Board of Review pursuant to the West Virginia Administrative
				  Procedures Act, § 29A-5-1 et seq. and 69 CSR 1.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-23 - W. Va. Works Program Sanctions › Section 78-23-8 - Annual Report

Current through Register Vol. XLI, No. 28, July 12, 2024
The Department shall provide an annual report regarding the
				  sanctions relating to the West Virginia WORKS Program, including their relative
				  stringency when compared to those of contiguous states, frequency of imposition
				  and the overall success of those sanctions at deterring individuals from taking
				  advantage of the program and accomplishing the overall purpose of the program,
				  to the Legislative Oversight Commission on Health and Human Resources
				  Accountability, the President of the Senate and the Speaker of the House on
				  January 1 of each year.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-24 - Qualifications For a Provisional Practice As a Social Worker Within the Department of Health and Human Resources › Section 78-24-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule sets forth the requirements for individuals hired by the Department of
				Health and Human Resources, pursuant to provisions of W. Va. Code §
									30-30-16.
				This rule does not apply to provisionally licensed social workers who may be
				employed or seek employment at state agencies other than the
				Department.
1.2. Authority. -- W.
				Va. Code §
									30-30-16(c)(2).
1.3. Filing date. -- April 15,
				2020.
1.4. Effective Date. -- June
				3, 2020.
1.5. Sunset Provision.
				--This rule shall terminate and have no further force or effect on June 3,
				2025.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-24 - Qualifications For a Provisional Practice As a Social Worker Within the Department of Health and Human Resources › Section 78-24-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Department"
				means the West Virginia Department of Health and Human Resources.
2.2. "Initial Training Plan" means a
				pre-service training program for new department employees who are hired in
				positions that require a social work license that is completed in the first six
				months of employment and must be completed prior to being assigned as primary
				worker on any cases.
2.3. "Ongoing
				Training Plan" means a training program with ongoing training content for
				Department employees that must be completed during the time the employee holds
				a Provisional License.
2.4.
				"Training Program" means a four-year training program for employees hired in
				positions within the Department that require a social work license who obtain a
				Provisional License, pursuant to W. Va. Code §
									30-30-16(c),
				that includes an initial training plan in the first year and the ongoing
				training plan in subsequent years.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-24 - Qualifications For a Provisional Practice As a Social Worker Within the Department of Health and Human Resources › Section 78-24-3 - Requirements for hiring individuals who are eligible for a Provisional Social Work License, pursuant to W. Va. Code Section 30-30-16(c)

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. When an individual is hired into a
				position that requires a social work license but does not have a social work
				license, the department shall notify the Board of Social Work within 30 days of
				employment. The individual must then submit an application for eligibility and
				licensure upon forms prescribed by the Board of Social Work.
3.2. Candidates must meet all the additional
				requirements of the employment classification.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-24 - Qualifications For a Provisional Practice As a Social Worker Within the Department of Health and Human Resources › Section 78-24-4 - Requirements for completing and documenting initial and ongoing training

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. An individual
				hired with a provisional license must complete all components of the initial
				training plan before being assigned as a primary worker.
4.2. After completion of the initial training
				plan, individuals with a provisional license, pursuant to W. Va. Code §
									30-30-16(c),
				must complete the ongoing training plan requirements outlined in the training
				program.
4.3. The department will
				provide an annual report to the Board of Social Work certifying those employees
				with a provisional license, pursuant to W. Va. Code §
									30-30-16(c),
				who have completed the training requirements outlined in the training program
				for that time period.
4.4. An
				individual who is actively in the process of completing a degree in social
				work, either through master's or bachelor's courses, may apply completed social
				work courses towards the requirements of the training plan.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-24 - Qualifications For a Provisional Practice As a Social Worker Within the Department of Health and Human Resources › Section 78-24-5 - Requirements for maintaining a Provisional Social Work License

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. An individual with a provisional license
				must maintain continuous licensure while employed in a position that requires a
				social work license with the department.
5.2. An individual who lets their license
				lapse or who fails to maintain the conditions of licensure established by the
				Board of Social Work will be unable to continue employment in a position that
				requires a social work license within the department.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-24 - Qualifications For a Provisional Practice As a Social Worker Within the Department of Health and Human Resources › Section 78-24-6 - Training Program Requirements for persons hired with a Provisional Social Work License

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The
				training program shall include social work content that will prepare
				individuals for a career in social work.
6.2. The training program shall include basic
				and advanced social work content and specific content related to the position
				for which the individual is employed.
6.3. The department shall consult with West
				Virginia University, Marshall University, and other representatives of the
				accredited schools of social work in West Virginia prior to proposing
				modifications to the training program. The training plan is attached hereto and
				incorporated herein. See, Appendix 78-24-A, Training Plan.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-26 - Pilot Program for Drug Screening of Applicants for Cash Assistance › Section 78-26-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope.-- This
				rule establishes and sets forth the requirements for drug screening applicants
				of benefits from the Temporary Assistance for Needy Families program under a
				three-year pilot program. For the purposes of the pilot program pursuant to the
				authority and option granted by
				21
				U. S. C. §
										862a(d)(1)(A) to the states,
				West Virginia hereby exempts all persons domiciled within the state from the
				application of
				21
				U. S. C. §
										862a(a).
1.2. Authority.-- W. Va. Code §
									9-3-6(n).
1.3. Filing date.-- April 13,
				2020.
1.4. Effective date.-- April
				13, 2020.
1.5. Sunset Provision. --
				This rule shall terminate and have no further force or effect on October 23,
				2021.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-26 - Pilot Program for Drug Screening of Applicants for Cash Assistance › Section 78-26-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Applicant
				--means a person who is applying for benefits from the Temporary Assistance for
				Needy Families program.
2.2. Case
				manager --means a person employed by the department with responsibility for
				making a reasonable suspicion determination during the application process for
				Temporary Assistance for Needy Families.
2.3. Department --means the Department of
				Health and Human Resources.
2.4.
				Drug screen or drug screening --means any analysis regarding substance abuse
				conducted by the Department of Health and Human Resources on applicants for
				assistance from the Temporary Assistance for Needy Families program.
2.5. Drug test or drug testing --means a drug
				test which tests urine for amphetamines (amphetamine and methamphetamine)
				cocaine, marijuana, opiates (codeine and morphine), phencyclidine,
				barbiturates, benzodiazepines, methadone, propoxyphene and expanded opiates
				(oxycodone, hydromorphone, hydrocodone, oxymorphone).
2.6. Drug use questionnaire -- means an
				assessment tool to be used by case managers to ascertain if there is reasonable
				suspicion that an applicant is abusing drugs. The questionnaire uses a
				point-based system to assist the case manager in determining if there is
				reasonable suspicion.
2.7.
				Protective payee --means an individual over age 18 designated to receive public
				assistance payments for the eligible dependents of another personwho is
				ineligible for benefits for himself or herself. The protective payee may be an
				immediate family member of the applicant.
2.8. Reasonable suspicion --means a score on
				the drug use questionnaire that indicates the possibility of substance abuse.
				Reasonable suspicion is also achieved if an applicant has been convicted of a
				drug related offense within three years of completion of the drug use
				questionnaire.
2.9. Secretary
				--means the secretary of the department or his or her designee.
2.10. Substance abuse -- means the use of
				prescribed or over-the-counter medications used in excess of the recommended
				dosages, or the use of illegal substances. Substance abuse also includes any
				non-medical use of prescribed or over-the-counter medications.
2.11. Treatment program --means any substance
				abuse treatment and counseling program which is licensed by the state of West
				Virginia and regulated pursuant to 64 CSR 11,69 CSR 11, 69 CSR12.
2.12. Temporary Assistance for Needy Families
				program (TANF) --means assistance provided through ongoing cash benefits
				pursuant to
				42
				U.S.C. §
										601
et seq.,
operated in West Virginia as the West Virginia Works Program pursuant to W. Va.
				Code §
									9-9-1
et
				seq.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-26 - Pilot Program for Drug Screening of Applicants for Cash Assistance › Section 78-26-3 - Drug Screening Process

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Upon
				application for TANF benefits all applicants will be provided a drug use
				questionnaire to complete. Applicants will be required to swear or affirm as to
				the veracity of their answers and will be subject to prosecution for fraud or
				suspension from the program for 12 months, or both, for providing false
				information in accordance with department policies. Public databases may be
				consulted by the department to verify an applicant's answers.
3.1.a. Any applicant who has been convicted
				of a drug related offense within three years of filling out the questionnaire
				must indicate as such.
3.1.b. Any
				such drug related conviction shall be considered grounds for reasonable
				suspicion, for the purpose of referring the applicant for a drug
				test.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-26 - Pilot Program for Drug Screening of Applicants for Cash Assistance › Section 78-26-4 - Substance Abuse Treatment and Counselling Program Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Upon assignment to treatment by a case
				manager, the applicant will have seven day to enroll in a treatment program.
				Should unforeseen circumstances prevent the applicant from enrolling in a
				treatment program within seven days, the applicant and the case manager will
				confer, and the case manager will, if he or she deems it appropriate, allow the
				applicant additional time to enroll. The case manager shall have discretion to
				allow the applicant more than seven days to enroll. At the same time, the case
				manager will assign the applicant to a job skills program of the secretary's
				choosing.
4.2. Once an applicant
				is enrolled in a program he or she shall provide the case manager with weekly
				time sheets which have been provided to the applicant by the case manager. The
				applicant will also provide the case manager with weekly progress reports from
				the treatment program.
4.3. In
				similar fashion to the original drug test, the case manager will coordinate
				with the applicant to arrange for the applicant to be drug tested by a
				third-party vendor upon the completion of the treatment program. Again, such
				drug testing will be arranged by the applicant and the case manager and will be
				conducted by a third-party vendor pursuant to the provisions of subdivision
				3.3.c. of this rule.
4.4. Upon
				successful completion of the substance abuse program, the applicant will be
				assigned to a new activity such as job searching, community college enrollment,
				or other similar activities to prepare the applicant for job placement.
4.5. The applicant shall continue
				to be subject to periodic, random drug testing.
4.6. Should an applicant referred for
				treatment refuse to enroll in a treatment program or participate in a job
				skills program, he or she is, subject to applicable federal law, ineligible for
				TANF benefits.
4.7. Any applicant
				referred for treatment who does not successfully complete both a treatment
				program and a job skills program is ineligible for TANF benefits, until
				successful completion of both programs.
4.8. If an applicant fails a random drug test
				after completion of the required programs, his or her receipt of TANF benefits
				shall be suspended until he or she successfully completes a second treatment
				program and job skills program, or for 12 months, whichever period shall be
				shorter.
4.9. An applicant's third
				positive drug test shall, subject to applicable federal law, render him or her
				ineligible for TANF benefits.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-26 - Pilot Program for Drug Screening of Applicants for Cash Assistance › Section 78-26-5 - Other Adult Members, Dependent Children and Protective Payee

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A protective
				payee may be designated for any applicant who is ineligible for TANF benefits
				due to:
5.1.a. The applicant's refusal to
				fill out a drug use questionnaire or participate in a drug test;
5.1.b. The applicant's refusal to participate
				in a treatment program; or
5.1.c.
				The applicant's second or third positive drug test.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-26 - Pilot Program for Drug Screening of Applicants for Cash Assistance › Section 78-26-6 - Coordination with Child Protective Services

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. An investigation and home visit will be
				conducted by Child Protective Services (CPS) regarding the children of any
				applicant whose benefits are suspended without the designation of a protective
				payee or who has had his or her benefits terminated.
6.2. The investigation and home visit will be
				conducted by CPS. Once they are completed, CPS will prepare a report which
				details any action deemed necessary for the health and welfare of the children
				involved. If the health and welfare of the children involved does not require
				any action on the part of CPS, the report will state as such.
6.3. If the report indicates that CPS action
				is necessary, all services provided to the applicant and children shall be
				provided or coordinated by CPS, and not the case manager.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-26 - Pilot Program for Drug Screening of Applicants for Cash Assistance › Section 78-26-7 - Appeal Rights

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Any
				applicant or protective payee who believes that he or she has been aggrieved by
				any action undertaken pursuant to W. Va. Code §
									9-3-6,
				or this rule, shall have the right to file an appeal with the West Virginia
				DHHR Board of Review.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-26 - Pilot Program for Drug Screening of Applicants for Cash Assistance › Section 78-26-8 - Confidentiality

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. The secretary
				will ensure the confidentiality of all drug screen and drug test results
				administered as part of this program.
8.2. Drug screen and test results will be
				used only for the purpose of determining eligibility for the TANF
				program.
8.3. At no time may drug
				screen or test results be released to any public or private person or entity or
				any law-enforcement agency, except as otherwise authorized by this
				rule.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-27 - Procedure To Content The Substantiation Of Child Abuse Or Neglect › Section 78-27-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes the procedure to contest the West Virginia Department of Human
				Services, Bureau for Social Services' substantiation of abuse or neglect. This
				rule should be read in conjunction with W. Va. Code §
									49-4-601b.
1.2. Authority. -- W. Va. Code §
									29A-5-1
et seq.
and §49-4-601b.
1.3. Filing
				Date. -- June 17, 2024.
1.4.
				Effective Date. -- June 17, 2024.
1.5. Sunset Provision. -- This rule shall
				terminate and have no further force or effect on August 1, 2029.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-27 - Procedure To Content The Substantiation Of Child Abuse Or Neglect › Section 78-27-3 - Substantiation of abuse and neglect

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. The bureau may consider an allegation
				against a person of abuse or neglect of a child to have been substantiated for
				purposes of its records in either of the following three circumstances:
3.1.1. The allegation of abuse or neglect has
				been the subject of a petition under W. Va. Code §
										49-4-601
et seq
.
				that resulted in an adjudication finding that the person committed one or more
				acts of abuse or neglect of a child, and that adjudication has not been
				reversed or vacated on appeal;
3.1.2. The bureau, as a result of its own
				investigation, has determined that an allegation against a person of abuse or
				neglect of a child has been substantiated, whether or not there has been an
				adjudication under subdivision 3.1.1. of this rule:
Provided
,
				That when there has been no adjudication, sections four and five of this rule
				apply; or
3.1.3. In any case where
				a person is convicted of a felony offense against a child as set forth in W.
				Va. Code §
										61-8D-9 and the court, at the time
				of sentencing, found that person an abusing parent within the meaning of
				§49-4-601 through §49-4-610 of this code as to the child victim, and
				found that person an abusing parent as to any child who resided in the same
				household as the victim.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-27 - Procedure To Content The Substantiation Of Child Abuse Or Neglect › Section 78-27-4 - Allegations of abuse or neglect substantiated on or before July 1, 2021

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Any person may
				write to the bureau and inquire if the bureau has included him or her in its
				records of persons against whom there has been a substantiated claim of abuse
				or neglect of a child. The person making the inquiry shall provide the bureau
				with his or her full name, date of birth, address, and social security
				number.
4.2. Within 30 days of the
				request, the bureau shall inform the person that (a) the bureau has no record
				of any substantiated claim against the person of abuse or neglect of a child;
				or (b) the bureau does have a record of a substantiated allegation against the
				person of abuse or neglect of a child. If the substantiation is not based upon
				an adjudication described in subdivision 3.1.1. of this rule, the bureau shall
				provide the notice required under section 5 of this rule, and all of the rights
				and obligations of the bureau and the person apply as if the bureau's
				substantiation had occurred after July 1, 2021.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-27 - Procedure To Content The Substantiation Of Child Abuse Or Neglect › Section 78-27-5 - Notice requirements upon a maltreatment substantiation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. After July 1,
				2021, if the bureau determines that an allegation against a person of abuse or
				neglect of a child has been substantiated, the bureau shall provide written
				notice to the maltreater of its determination.
5.2. The notice shall contain the following
				information regarding the maltreatment substantiation:
5.2.1. The name of the child the maltreater
				was found to have abused or neglected;
5.2.2. The place(s) where the abuse or
				neglect occurred; and
5.2.3. The
				date(s) on which the abuse or neglect occurred.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-27 - Procedure To Content The Substantiation Of Child Abuse Or Neglect › Section 78-27-6 - Procedure for filing a grievance

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. To grieve a maltreatment substantiation,
				the maltreater must:
6.1.1. Complete the
				hearing request form; and
6.1.2.
				Return the form to the supervisor or send the form to the Board of Review
				within 60 days of receipt of the notice.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-27 - Procedure To Content The Substantiation Of Child Abuse Or Neglect › Section 78-27-7 - Procedure for overturning a maltreatment substantiation

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. When a maltreatment substantiation is
				overturned, the bureau shall ensure that the decision is recorded within 60
				days of the signed order. If the bureau elects to appeal such order, the time
				to record the decision is stayed.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-27 - Procedure To Content The Substantiation Of Child Abuse Or Neglect › Section 78-27-8 - Procedure for sealing records of maltreatment substantiation

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. When any allegation of abuse or neglect
				is substantiated and a petition for abuse or neglect could be filed pursuant to
				W. Va. Code §
									49-4-601,
et
				seq.
, and the bureau does not file a petition, all bureau records
				related to the allegation shall be sealed one year after the substantiation is
				made:
Provided
, That the person who is the subject of the
				allegation does not have another substantiation of abuse or neglect against
				them during the one-year period following the initial substantiation.
8.1.1. The provisions of subsection 8.1 of
				this rule do not apply to a person against whom an allegation is substantiated
				but the circumstances do not allow for the filing of a petition for abuse or
				neglect pursuant to W. Va. Code §
										49-4-601,
et
				seq
.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-28 - Deemed Head Start Child Care Center Licenses › Section 78-28-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes standards and procedures for the Head Start classrooms
				overseen by a Head Start Agency to be deemed child care center licensed under
				the provisions of W. Va. Code §
									49-2-115a and related to federal
				and state code.
1.2. Authority. --
				W. Va. Code §
									49-2-115a.
1.3. Filing Date. -- March 30, 2023
1.4. Effective Date. -- April 1,
				2023
1.5. Sunset Provision -- This
				rule shall terminate and have no further force or effect on August 1,
				2028.
1.6. Purpose. -- This rule
				governs the regulation of Head Start agencies in West Virginia.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-28 - Deemed Head Start Child Care Center Licenses › Section 78-28-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This rule applies to any Head Start agency with an active Notice
				of Award with the Unites States Department of Health and Human Services
				pursuant to 42 USC §
										9801, et seq., may request to be deemed child
				care center licensed to operate a child care program for the sole purpose of
				utilizing the West Virginia Clearance for Access: Registry and Employment
				Screenings program.
2.2.
				Enforcement. This rule is enforced by the Secretary of the Department of Health
				and Human Resources.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-28 - Deemed Head Start Child Care Center Licenses › Section 78-28-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Criminal
				History Background Check -- A review of information pursuant to the provisions
				of the West Virginia Clearance for Access: Registry and Employment Screening
				Act (WV CARES), W. Va. Code §§
									16-49-1
et seq
.
				and 69CSR10 and an examination of protective service records to determine
				eligibility for employment or participation under this rule.
3.2. Head Start Agency -- An agency, as
				defined in 42 U.S.C. §
										9801
et seq,
part 1305 of
				the Head Start Program Performance Standards, must establish and maintain a
				formal structure for program governance that includes a governing body, a
				policy council at the agency level, a policy committee at the delegate level,
				and a parent committee. Governing bodies have a legal and fiscal responsibility
				to administer and oversee the agency's Head Start and Early Head Start
				programs. Policy councils are responsible for the direction of the agency's
				Head Start and Early Head Start programs.
3.3. Head Start Deemed License -- Head Start
				agencies in receipt of a Notice of Award with
				42 USC §
										9801,
et seq
., issued by the
				U.S. Department of Health and Human Services, Administration for Children and
				Families, Office of Head Start.
3.4. Notice of Award -- Documentation
				provided to a Head Start agency that indicates the agency will be funded
				through the Head Start Program.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-28 - Deemed Head Start Child Care Center Licenses › Section 78-28-4 - Deemed Licensed Status Application and Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Application for a Head Start Deemed
				License status.
4.1.a. For a Head Start
				Agency to receive a deemed license, an applicant shall submit a completed
				application as prescribed by the Secretary. An application may be obtained by
				requesting one from the Division of Early Care and Education within the
				Department; contact information is located at
https://dhhr.wv.gov/bcf/ece
.
4.1.b. The Head Start Agency must have a
				current Notice of Award to apply.
4.1.c. An incomplete application shall be
				considered withdrawn if not completed within 60 days of submission.
4.1.d. The Secretary will issue a decision
				whether to grant a Head Start Deemed License within 60 days of receiving a
				completed application.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-28 - Deemed Head Start Child Care Center Licenses › Section 78-28-5 - Investigation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. Nothing herein
				shall be construed to prevent the Department from investigating complaints
				regarding the health, safety, or welfare of children.
5.2. A center shall not hire, continue to
				employ, or allow to volunteer any individual who is determined by the
				Department to have abused or neglected a child or incapacitated adult.
5.3 Failure to comply with
				subsection 5.2. may result in the Department revoking the Head Start Agency's
				deemed license at the Secretary's sole discretion.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-28 - Deemed Head Start Child Care Center Licenses › Section 78-28-6 - Use of West Virginia CARES

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1
				All Head start programs licensed, whether deemed or under traditional licensure
				through the department, shall have use of the WV CARES background check
				program.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-28 - Deemed Head Start Child Care Center Licenses › Section 78-28-7 - Enforcement Actions

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. The
				Secretary will revoke a Head Start Agency deemed license or revert a deemed
				license to a license under 78CSR1 upon evidence that the U.S. Department of
				Health and Human Services, Administration for Children and Families, Office of
				Head Start, is no longer funding the agency.
West Virginia Code of State Rules › Agency 79 - Children And Youth Commission › Title 79 - PROCEDURAL RULE WEST VIRGINIA COMMISSION ON CHILDREN AND YOUTH › Series 79-01 - Operating Rules And Regulations For The West Virginia Commission On Children And Youth › Section 79-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This procedural rule
				establishes the operating procedures under which the West Virginia Commission
				on Children and Youth will operate. It outlines the organization of the
				Commission, the state plan and operating rules for the Children's Trust Fund,
				and the state plan for the Commission's advocacy responsibilities.
1.2. Authority. -- W. Va. Code
				49-6C-6.
1.3. Filing Date. --
				October 6, 1987.
1.4. Effective
				Date. -- October 6, 1987.
West Virginia Code of State Rules › Agency 79 - Children And Youth Commission › Title 79 - PROCEDURAL RULE WEST VIRGINIA COMMISSION ON CHILDREN AND YOUTH › Series 79-01 - Operating Rules And Regulations For The West Virginia Commission On Children And Youth › Section 79-1-2 - Organization

Current through Register Vol. XLI, No. 28, July 12, 2024
The West Virginia Commission on Children and Youth, hereinafter referred to as the Commission, was created by the West Virginia Legislature in 1984, West Virginia Code, section six, article six-c, chapter forty-nine. The Commission is to be composed of twenty (20) citizen members appointed by the Governor with one half (1/2) of the members rotating off every two (2) years. No citizen member should be appointed to serve more than two (2) consecutive four (4) year terms. In addition to the twenty (20) citizen members, the Director of Health, State Superintendent of Schools, Commissioner of Corrections, Commissioner of Human Services, the Director of Economic and Community Development, or their designated representatives will serve as voting ex-officio members of the Commission.
2.1. Purposes of the Commission.
2.1.1. To develop and provide ongoing
				administration of the West Virginia Children's Trust Fund.
2.1.2. To serve as advocates for children and
				youth in the State of West Virginia according to the mandate given to the
				original Commission.
2.1.3. To
				assist in developing cooperation among public and private agencies engaged in
				the delivery of services to children and youth in this State.
2.1.4. To research the specific needs of
				children and youth, to assess current and proposed programs to meet these needs
				and to make findings and recommendations to the Governor and the Legislature
				annually.
2.1.5. To serve as the
				liaison for West Virginia with the White House Conference on Children and Youth
				and with any other national or international conferences or committees when
				representation of West Virginia's interest would bring benefit to its children
				and youth.
2.1.6. To perform such
				other functions as may be directed by the Governor.
West Virginia Code of State Rules › Agency 79 - Children And Youth Commission › Title 79 - PROCEDURAL RULE WEST VIRGINIA COMMISSION ON CHILDREN AND YOUTH › Series 79-01 - Operating Rules And Regulations For The West Virginia Commission On Children And Youth › Section 79-1-3 - State Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Children's
				Trust Fund.
3.1.1. The West Virginia
				Children's Trust Fund has been established for the purpose of preventing child
				abuse and neglect. The Trust Fund will provide grants to local community groups
				for the development of programs to prevent child abuse and neglect. Moneys from
				the Trust Fund may be made available for the following purposes according to
				West Virginia Code, section four, article six-c, chapter forty-nine.
3.1.1.1. To establish and maintain programs
				for the prevention of child abuse and neglect.
3.1.1.2. To provide educational programs
				directed toward the prevention of child abuse and neglect.
3.1.1.3. To establish and maintain a
				continuing program of community education to prevent child abuse and
				neglect.
3.1.1.4. To establish and
				maintain local, county, or multicounty child abuse prevention
				organizations.
3.1.1.5. To assist
				groups in making applications for grants with the federal Department of Health
				and Human Services.
3.1.1.6. To
				match federal moneys to promote increased funding.
3.1.1.7. To provide technical assistance for
				the research and evaluation of education programs and services related to the
				prevention of child abuse and neglect.
West Virginia Code of State Rules › Agency 79 - Children And Youth Commission › Title 79 - PROCEDURAL RULE WEST VIRGINIA COMMISSION ON CHILDREN AND YOUTH › Series 79-01 - Operating Rules And Regulations For The West Virginia Commission On Children And Youth › Section 79-1-4 - Children's Trust Fund Regulations

Current through Register Vol. XLI, No. 28, July 12, 2024
The Commission shall carry out the provisions of the law creating the Children's Trust Fund through the following regulations.
4.1. Management of the Trust Fund.
4.1.1. In July of each year, the West
				Virginia Tax Department will provide the Commission the amount of money
				contributed through the West Virginia personal income tax checkoff system. The
				Commission will add to this amount any contributions made by other means, and
				the amount of interest earned by the Trust Fund.
4.1.2. During any one (1) fiscal year, the
				Commission may authorize the expenditure of no more than one half (1/2) of the
				income of the Trust Fund for that year with the remainder being invested by the
				State Treasurer's Office.
West Virginia Code of State Rules › Agency 80 - Drunk Driving Prevention › Title 80 - LEGISLATIVE RULE COMMISSION ON DRUNK DRIVING PREVENTION › Series 80-01 - Admin Regulations For The Organization, Functioning And Control Of The Commission On Drunk Driving Prevention, an Adjunct Division Of The WV Department Of Public Safety › Section 80-1-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- These rules and regulations relate solely to
				  the interpretation, definition and conduct of business of the provisions of
				  sections forty and forty-one, article two, chapter fifteen of the Code of West
				  Virginia of 1931, as amended, and said statutory sections are hereby
				  incorporated by both direct reference and necessary inference, and shall be
				  known as the Rules and Regulations of the Commission on Drunk Driving
				  Prevention.
1.2. Authority. -- W. Va. Code 15-2-40 and 41.
1.3. Filing Date. -- June 13, 1985.
1.4. Effective Date. -- June 13,
				  1985.
West Virginia Code of State Rules › Agency 80 - Drunk Driving Prevention › Title 80 - LEGISLATIVE RULE COMMISSION ON DRUNK DRIVING PREVENTION › Series 80-01 - Admin Regulations For The Organization, Functioning And Control Of The Commission On Drunk Driving Prevention, an Adjunct Division Of The WV Department Of Public Safety › Section 80-1-2 - Amendments

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. Amendments to the Rules and Regulations of the
				  Commission on Drunk Driving Prevention may be made at any meeting of the
				  Commission on the motion of any member, and the concurrence by open vote of at
				  least four (4) members of the Commission. Amendments to the Rules and
				  Regulations shall then be promulgated in accordance with the provisions of W.
				  Va. Code 29A-3-1 of 1931, as amended.