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 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-13 - Parental Involvement

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. The
				facility shall have written operating policies which shall be discussed with
				parents at the time of enrollment. The policies shall cover the following
				areas:
13.1.a. Admission requirements,
				enrollment procedures, and supplies that parents are expected to provide, if
				any;
13.1.b. A statement that the
				facility is operated on a nondiscriminatory basis in regard to race, color,
				sex, religion, marital status of the parents, and disability, except when the
				child's needs cannot be met by the facility;
13.1.c. Guidance and discipline;
13.1.d. Rates, any additional fees charged,
				and the plan for payment;
13.1.e.
				Liability insurance coverage;
13.1.f. Unlimited access to visit the family
				child care facility at any time;
13.1.g. Transportation arrangements, when
				provided by the facility;
13.1.h.
				Written permission for field trips outside the facility, emergency medical
				treatment, water activity, and provision of medications;
13.1.i. Hours of operation;
13.1.j. Management of sick
				children;
13.1.k. Services provided
				by the facility;
13.1.l. Rules
				concerning personal belongings brought to the facility;
13.1.m. General procedures of the facility
				regarding cold weather outdoor play;
13.1.n. Animals on the premises;
13.1.o. Mandatory reporting of child abuse or
				neglect; and
13.1.p. Religious
				activities, if any.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-14 - Family Child Care Facility Operator

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Requirements for Family Child Care
				Facility Operators
14.1.a. The operator shall
				meet all of the requirements that apply to staff. In addition, the operator
				shall:
14.1.a.1. Be at least 21 years of
				age;
14.1.a.2. Have a general
				education development (GED) certificate or high school diploma;
14.1.a.3. Have 6 months of experience in
				caring for children in a licensed child care center or family child care
				facility, registered family care home, Head Start, or other early childhood or
				school-age child care program;
14.1.a.4. Be certified in an approved
				pediatric Cardiopulmonary Resuscitation (CPR) or first aid training that
				includes rescue breathing and first aid for choking; and
14.1.a.5. Complete training in child abuse
				recognition and prevention from an approved training source. Except for the
				first year of operation, training in child abuse recognition and prevention is
				in addition to the required 15 clock hours of approved annual
				training.
14.1.a.6. Complete
				medication administration training from an approved training source. Except for
				the first year of operation, training in medication administration is in
				addition to the required 15 clock hours of approved annual training;
14.1.a.7. Prior to caring for children, all
				current and potential staff are required to complete approved pre-service
				training;
14.1.a.8. Complete at
				least 15 clock hours of approved training annually. Except for the first year
				of operation, training in pediatric CPR is in addition to the required 15 clock
				hours of approved annual training. Approved sources of training include:
14.1.a.8.A. One Step at a Time or West
				Virginia Infant and Toddler Professional Development Training
				Program;
14.1.a.8.B. Apprenticeship
				for Child Development Specialists;
14.1.a.8.C. Any training provided by a
				trainer approved through STARS to provide training;
14.1.a.8.D. Any training provided by a
				trainer certified in the subject and/or field on which the training is
				provided. The facility owner shall verify the trainer's credentials;
14.1.a.8.E. College courses in early
				childhood development from an accredited college or university or distance
				education class; and
14.1.a.8.F.
				Any other vocational class from which the caregiver received a certificate,
				pending approval by the Secretary. The caregiver shall submit the class
				syllabus to the Secretary for review and approval.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-16 - Criminal History Background Checks

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. At the time of license application and
				renewal, a family child care facility must demonstrate compliance with
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, for
				all facility owners, operators, staff, volunteers 18 years of age and over, and
				each adult household member.
16.1.a.
				A caregiver shall ensure that a state and federal fingerprint-based criminal
				background investigation is performed on the caregiver and each adult household
				member 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 shall keep the following information on file:
16.1.a.1. A completed and signed WV CARES
				self-disclosure application and consent form. A copy of the form shall be on
				file and uploaded to the WV CARES system no later than the date of approval to
				operate;
16.1.a.2. A variance or
				waiver if the individual has convictions or pending charges of disqualifying
				offenses;
16.1.a.3. A fitness
				determination of eligibility from the WV CARES unit; and
16.1.a.4. The caregiver shall update the
				documentation of a completed background check in the caregiver and each adult
				household member's file at the expiration of rap back enrollment.
16.1.a.5. A state check shall be done in any
				other state where the caregiver and each adult household member has resided in
				the past five years. Fingerprint checks for other states are
				optional.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-17 - Other Personnel and Household Member Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. The operator, an employee, volunteer,
				or other household member or resident shall not have been diagnosed or be under
				treatment for a serious mental illness which might create a risk to children.
				The Department and/or facility shall determine the risk to children on the
				basis of a written recommendation from a licensed psychologist or doctor of
				psychiatry.
17.2. No operator,
				employee, volunteer, or household member or visitor to the facility shall be
				under the influence of alcohol or illegal drugs while children are in
				care.
17.3. No person working
				directly with children in the facility shall be under the influence of any
				substance or medication, including medical cannabis, that would impair his or
				her ability to care for children.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-18 - Physical Plant Safety

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. Facility
				Requirements.
18.1.a. The building and grounds
				used for a family child care facility shall be suitable for the purpose of
				child care, kept clean and in good repair, and shall present no hazard to the
				health and safety of children.
18.1.b. A family child care facility shall
				have heat, electricity, and indoor plumbing.
18.1.c. Family child care facilities shall be
				equipped with a working telephone with a listed number.
18.1.d. Facilities shall post the following
				emergency telephone numbers adjacent to the phone: ambulance, fire, police,
				poison control or universal poison control center, and parents and health care
				providers for all children in care.
18.1.e. Usable floor space of 35 square feet
				per child shall be available for children's activities, exclusive of halls,
				bathrooms, the kitchen, office space, or storage areas.
18.1.f. Family Child Care facilities shall
				use an on-site kitchen which complies with the requirements of Bureau for
				Public Health's Child Care Centers Rule, 64 CSR 21, and shall be equipped as
				follows:
18.1.f.1. Kitchen and eating areas
				shall be equipped to safely prepare, store, and serve meals to
				children.
18.1.f.2. Equipment shall
				include an oven or microwave, a range or cook-top, a refrigerator, and
				equipment for washing, rinsing, and sanitizing cooking and eating
				utensils.
18.1.g. A
				quiet space shall be available for children to nap or rest away from the noise
				of household activity.
18.1.h. An
				operator shall provide an individual bed, sturdy cot, crib, couch, baby bed,
				portable packs and play yard, or mat for each child who naps. Siblings may
				share double beds.
18.1.i. All
				interior bathroom and closet doors which can be locked from the inside shall be
				capable of being unlocked from the outside.
18.1.j. Clear glass doors shall be clearly
				marked at a child's eye level.
18.1.k. There shall be usable outdoor play
				space of 75 square feet per child available for the children's outdoor
				activities either on the premises or within walking distance of the facility.
				The facility may stagger play times and space based on the number of children
				using the area at one time.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-19 - Environmental Safety

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Tobacco
				Use.
19.1.a. Facilities shall notify parents
				in advance if staff, volunteers, or household members in the facility smoke or
				use smokeless tobacco.
19.1.b. A
				caregiver shall provide a smoke-free environment while children are
				present.
19.1.c. Smoking is
				prohibited when the children are in vehicles with caregivers.
19.1.d. All tobacco products, smoke abatement
				products, ashtrays, butts, ashes, spittoons, lighters, and matches shall be
				kept out of the children's reach.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-20 - Sanitation and Health Issues

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1.
				The operator shall obtain a permit to operate from the health officer as
				required by Bureau of Public Health's Child Care Center Rules, 64 CSR 21. The
				facility must maintain the permit.
20.2. All persons in the facility shall
				practice good personal hygiene.
20.3. Hand washing practices shall be in
				compliance with the requirements of Bureau of Public Health's Child Care
				Centers Rules, 64 CSR 21.
20.4. The
				caregiver shall employ universal precautions for protection from disease and
				infection, as detailed in Appendix 78-19-B of this rule.
20.5. The facility shall be free from
				infestations of insects or rodents.
20.6. Staff shall observe children daily upon
				arrival and throughout the day for signs of illness or injury.
20.7. The operator shall isolate or exclude
				staff and children with a serious communicable disease per the facility's
				policy on management of sick children.
20.8. The operator shall notify parents of
				any communicable disease outbreak in the facility.
20.9. The operator shall ensure that the
				following first aid supplies are available in the facility: soap; alcohol wipes
				or antiseptic; non-medicated adhesive strips; a digital thermometer; sterile
				gauze; bandage tape; blunt-tipped scissors; tweezers; disposable, nonporous
				gloves; CPR mouthpiece; and a first aid guide.
20.10. The operator shall ensure that first
				aid supplies are not accessible to the children in care.
20.11. Staff shall take a first aid kit on
				all trips away from the facility.
20.12. The operator or staff shall
				administer:
20.12.a. Non-prescription
				medications, including medical cannabis, only with prior written permission
				from the parents, which includes a written schedule with information about
				dosage amount, method, and times, or upon directions from the child's health
				care provider; and
20.12.b.
				Prescription medication only from the original container clearly labeled with
				the child's name and dosage, the date, and name of the medication, following
				the health care provider's directions.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-21 - Nutrition

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. The operator
				shall plan menus and provide meals and snacks with the goal of meeting or
				working toward meeting the current United States Department of Agriculture
				Dietary Guidelines for Americans.
21.2. The operator shall prepare, date, and
				post menus in advance in a conspicuous place and shall keep them on file for 30
				days.
21.3. The operator shall
				consider information provided by parents about children's eating habits, food
				preferences, and special dietary needs when planning menus.
21.4. When parents provide food for meals,
				the facility shall supplement any meal that does not provide nutritious and
				sufficient amounts of food for the children, as needed, to meet the
				requirements of this rule.
21.5. No
				child shall be permitted to be without a meal or snack for excessively long
				periods of time. A facility shall provide meals according to the following
				requirements:
21.5.a. In a facility open
				morning through afternoon, lunch and morning and afternoon snacks shall be
				served;
21.5.b. The facility shall
				serve a snack to school age children arriving after school; and
21.5.c. The facility shall offer breakfast,
				mid-morning or mid-afternoon snack, lunch, and dinner to a child when
				attendance is prior to 7:00 in the morning or after 7:30 in the
				evening.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-22 - Fire Safety and Evacuation Plans

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. Family Child Care facilities shall meet
				the applicable rules of the State Fire Marshal's Office.
22.2. A family child care facility shall
				request an inspection by the State Fire Marshal prior to beginning operation
				and annually thereafter.
22.3. The
				facility shall establish and post a written plan for evacuation in the event of
				fire, natural disaster or other threatening situation that may pose a health or
				safety hazard to the children in the facility.
22.3.a. The plan shall include, but not be
				limited to:
22.3.a.1. A designated relocation
				site and evacuation;
22.3.a.2.
				Procedures for notifying parents of the relocation and ensuring family
				reunification;
22.3.a.3. Procedures
				to address the needs of individual children, including children with special
				needs;
22.3.a.4. Instructions
				relating to the training of staff or the reassignment of staff duties, as
				appropriate;
22.3.a.5. Coordination
				with local emergency management officials; and
22.3.a.6. A program to ensure that
				appropriate staff are familiar with the components of the plan.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-23 - Reporting and Investigation of Complaints

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1. Reporting.
23.1.a. The operator shall immediately report
				any serious incident affecting the operation of the facility to the Department
				and follow up with a written report within 72 hours on a form designated by the
				Department.
23.1.b. The operator
				shall report the following situations:
23.1.b.1. Any accident, injury, or illness
				occurring while a child is in care that results in emergency treatment,
				hospitalization, or death;
23.1.b.2. Any serious communicable disease of
				a child, operator, employee, or family member that results in temporary closure
				of the facility;
23.1.b.3. Any
				incident which results in legal action by or against the facility;
				and
23.1.b.4. Serious violations of
				requirements by the facility operator or its employees such as use of physical
				punishment or failure to supervise which could have resulted in harm to a
				child.
23.1.c. In
				accordance with W. Va. Code §
										49-2-801
et seq.
,
				the operator shall immediately report suspected child abuse or neglect to the
				statewide child abuse and neglect intake hotline or to Department child
				protective services staff in the county office where the facility is
				located.
23.1.d. The operator shall
				also notify the Department, in writing, of any occurrence affecting the
				operation of the facility. This includes, but is not limited to, the following:
23.1.d.1. A change in ownership that requires
				the new owner to file for a new application;
23.1.d.2. A change of operator;
23.1.d.3. Closure of the facility;
23.1.d.4. A change in hours of operation or
				change in ages of children served;
23.1.d.5. Additions to or reductions in space
				affecting the facility's capacity;
23.1.d.6. Additions such as a swimming
				pool;
23.1.d.7. Reductions such as
				removal of fences;
23.1.d.8.
				Location of facility which requires the owner to file for a new
				application;
23.1.d.9. A disaster
				such as a fire or flood that damages the facility; and
23.1.d.10. A change in the composition of the
				household.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-24 - Enforcement Action

Current through Register Vol. XLI, No. 28, July 12, 2024
The Department may enforce this rule by revocation of a
				  certificate of license or by immediate closure, or both, in accordance with W.
				  Va. Code §
									49-2-117 and W. Va. Code §
									49-2-118.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-25 - Administrative and Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. A family child care facility aggrieved
				by an adverse decision may contest the decision of the Secretary by making a
				written request for a hearing within 30 days of receipt of the
				decision.
25.2. Administrative and
				judicial review shall be made in accordance with the provisions of W. Va. Code
				§
									49-2-105
et
				seq.
25.3. A decision
				issued by the Secretary may be made effective from the date of issuance.
				Immediate relief may be obtained upon a showing of good cause made by a
				verified petition to the Circuit Court of Kanawha County or the circuit court
				of any county where the affected facility is located.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-18 - Family Child Care Facility Licensing Requirements › Appendix 78-18-A - Disinfectant Solution

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
				  Here To View Image
Mix
a fresh solution each day.
Use
it to disinfect surfaces that have been
				  cleaned.
Dispense
it from a spray bottle that you
				  keep out of the reach of children.
Wet
the entire surface until glistening and
leave
solution on the surface at least 2 minutes.
Dry
with a paper towel or allow to air dry.
Healthy Young Children, 4th Edition, 2012.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-18 - Family Child Care Facility Licensing Requirements › Appendix 78-18-B - Universal Precautions

Current through Register Vol. XLI, No. 28, July 12, 2024
Spills of body fluids (i.e., urine, feces, blood,
							 saliva, nasal discharge, and injury of tissue discharge) shall be cleaned up
							 immediately as follows:
For spills of vomit, urine, and feces: walls,
							 bathroom, table tops, toys, kitchen counter-tops, and diaper-changing tables
							 shall be cleaned and disinfected.
For spills of blood or blood-containing body fluids
							 and injury tissue discharges: the area shall be cleaned and disinfected. Gloves
							 shall be used in these situations unless the amount of blood or body fluid is
							 so small that it can easily be contained by the material used for cleaning. If
							 disposable gloves are used, they shall be discarded immediately, and hands
							 washed.
Persons involved in cleaning contaminated surfaces
							 shall avoid exposure of open sores or mucous membranes to blood or
							 blood-containing body fluids and injury or tissue discharges by using gloves to
							 protect hands when cleaning contaminated surfaces.
Mops shall be cleaned, rinsed in sanitizing solution,
							 wrung as dry as possible, and hung to dry. Persons cleaning mops shall wear
							 gloves.
Blood-contaminated material and diapers shall be
							 disposed of in a plastic bag with a secure tie.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This
				rule establishes minimum standards and procedures for the registration of
				family child care homes under the provisions of W. Va. Code §
									49-2-101 and related federal and
				state codes.
1.2. Authority -- W.
				Va. Code §
									49-2-121.
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 family child care homes 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 78-19 - Family Child Care Home Registration Requirements › Section 78-19-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application -- This rule applies to any family child care home that operates in
				West Virginia.
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 78-19 - Family Child Care Home Registration Requirements › Section 78-19-4 - Certificate of Registration Information

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Application for Registration.
4.1.a. Initial. -- The department shall issue
				an initial certificate of registration to a family child care home upon
				application and self-certification of compliance with this rule.
4.1.b. Renewal. -- The family child care home
				shall submit an application for renewal of a current certificate of
				registration at least 30 days before expiration of the certificate.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-5 - Inspection and Investigation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A
				caregiver shall allow a reasonable on-site monitoring inspection by the
				department.
5.2. The department may
				conduct inspections with or without advance notice.
5.3. During inspections, the caregiver shall
				provide access to the premises and to all aspects of the family child care home
				operation, including the children in care and the household members.
5.4. A family child care home shall ensure
				that its records are available in easily accessible files for
				inspection.
5.5. A family child
				care home shall cooperate in the investigation of complaints against the
				home.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-6 - Caregiver, Substitute, and Household Member Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. General Requirements.
6.1.a. The caregiver or substitute shall be:
6.1.a.1. At least 18 years of age;
				and
6.1.a.2. Able to read and
				write.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-7 - Home Safety Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Home Requirements.
7.1.a. A family child care
				home shall have heat, electricity, indoor plumbing, and a working
				telephone.
7.1.b. A family child
				care home shall meet the following requirements:
7.1.b.1. Bathrooms shall be equipped with a
				sink that has hot and cold running water and an operating toilet;
7.1.b.2. Kitchens shall have a sink that has
				hot and cold running water, a working stove for cooking, and a working
				refrigerator;
7.1.b.3. Interior
				doors shall lock from the inside and also shall be able to be unlocked from the
				outside;
7.1.b.4. Floors, walls,
				ceilings, steps, railings, doors, windows, and furnishings in the home shall be
				kept clean and in good repair;
7.1.b.5. Windows or artificial lighting shall
				supply sufficient illumination for children's activities;
7.1.b.6. A working flashlight shall be
				available in the home for emergency lighting; and
7.1.b.7. The home shall have a minimum of 35
				square feet of indoor space per child. This space does not include hallways,
				bathrooms, or rooms not intended for or approved for children's use.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-8 - Fire Safety and Evacuation Plan

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Evacuation Plan.
8.1.a. A family child care home shall develop
				and post a written plan for an emergency evacuation in the event of fire,
				natural disaster or other threatening situation that may pose a health or
				safety hazard to the children in the family child care home. The plan shall
				include, but not be limited to:
8.1.a.1. A
				designated relocation site and evacuation;
8.1.a.2. Procedures for notifying parents of
				the relocation and ensuring family reunification;
8.1.a.3. Procedures to address the needs of
				individual children including children with special needs; and
8.1.a.4. Coordination with local emergency
				management officials.
8.1.a.5. The
				family child care home shall:
8.1.a.5.A.
				Update the evacuation plan by December 31 of each year and provide a copy to
				the child care regulatory specialist. If the provider fails to update the plan,
				the child care regulatory specialist shall take no action against the
				provider's certificate of registration until notice is provided and the
				provider is given 30 days after the receipt of notice to provide an updated
				plan.
8.1.a.5.B. Retain an updated
				copy of the plan for evacuation and shall provide notice of the plan and
				notification that a copy of the plan will be provided upon request to any
				parent, custodian, or guardian of each child at the time of the child's
				enrollment in the child care service and when the plan is updated.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-9 - Environmental Safety

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Tobacco
				Use.
9.1.a. A caregiver shall notify parents
				in advance if anyone in the home smokes or uses smokeless tobacco.
9.1.b. A caregiver shall provide a smoke-free
				environment while children are present.
9.1.c. Smoking is prohibited when the
				children are in vehicles with the caregiver.
9.1.d. All tobacco products, ashtrays, butts,
				ashes, spittoons, lighters, and matches shall be kept out of the children's
				reach.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-10 - Health, Sanitation, and Nutrition

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. Health.
10.1.a. A caregiver shall:
10.1.a.1. Observe the children daily upon
				their arrival and note signs of illness or injury;
10.1.a.2. Promptly report accidents,
				suspected illnesses, or exposure of a child to a communicable disease to the
				child's parents; and
10.1.a.3.
				Isolate a sick child from the other children.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-11 - Water Safety

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1. For all
				water play or swimming activities, or both, the caregiver shall:
11.1.a. Obtain prior written permission from
				parents for children to participate;
11.1.b. Be physically present at the site of
				any water play and provide constant, direct supervision of children;
11.1.c. Ensure that an adult swimmer is
				present when children are involved in swimming activities in pools deeper than
				24 inches;
11.1.d. Ensure that life
				guards are present when taking children to a swimming area outside of the
				family child care home;
11.1.e.
				Provide simple water safety rules to children based on their ages and
				developmental levels;
11.1.f.
				Ensure that a second adult is available to supervise when:
11.1.f.1. Some children are not swimming;
				and
11.1.f.2. More than three
				children under six years of age are participating in swimming activities in
				pools deeper than 24 inches; and
11.1.g. Ensure that children who are not
				toilet trained wear swim diapers during water play of any kind.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-12 - Emergency Practices

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				Emergency Information.
12.1.a. A family child
				care home shall ensure that written emergency information is available near the
				telephone within easy access of the caregiver, children, and substitutes that
				contains telephone numbers for the following:
12.1.a.1. Police and fire
				departments;
12.1.a.2. The child
				abuse and neglect hotline;
12.1.a.3. Ambulance service;
12.1.a.4. A poison control center or the
				universal poison control center telephone number, 1-800-222-1222;
12.1.a.5. Parents' work and home;
12.1.a.6. Numbers for each child's health
				care provider; and
12.1.a.7. An
				emergency substitute, if applicable.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-13 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. When
				transporting children, the caregiver shall:
13.1.a. Notify parents in advance when
				activities are planned that require transportation;
13.1.b. Make sure the children's emergency
				consent forms are carried in the vehicle in case of accident or
				illness;
13.1.c. Accompany children
				on activities that require transportation;
13.1.d. Ensure the driver transporting the
				children has a valid driver's license; and
13.1.e. Ensure the vehicle used to transport
				the children is maintained in safe running condition, with insurance and a
				current inspection sticker.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-14 - Program and Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Daily Routine.
14.1.a. A family child care
				home shall post the daily routine.
14.1.b. The daily routine shall be
				appropriate to the ages of the children in care and include:
14.1.b.1. Specific meal times;
14.1.b.2. Nap times for children who need
				them;
14.1.b.3. Indoor play
				time;
14.1.b.4. Outdoor play time
				on days when temperatures are 40 degrees and above, weather and circumstances
				permitting;
14.1.b.5. A balance of
				active and quiet play; and
14.1.b.6. Time to learn self-help skills,
				such as hand washing, brushing teeth, dressing, and toileting.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-15 - Guidance and Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1.
				Guidance.
15.1.a. The caregiver and parents
				shall discuss and agree upon positive methods of guidance that encourage a
				child's acceptable behavior.
15.1.b. The caregiver shall use guidance that
				helps the children understand appropriate behavior and is appropriate to their
				ages.
15.1.c. A family child care
				home shall have rules that are fair, consistent, and relevant to the children's
				ages.
15.1.d. A family child care
				home may use a time-out that lasts no more than one minute for each year of a
				child's age only for the purpose of helping a child regain control.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-16 - Infants and Toddlers

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1.
				Equipment. -- A family child care home:
16.1.a. Is prohibited, effective December 28,
				2012, from using traditional drop side cribs, or any crib manufactured prior to
				June 28, 2011. A family child care home shall:
16.1.a.1. Only use cribs and portable pack
				and play yards that comply with the Consumer Product Safety Commission
				standards, Cribs manufactured after June 28, 2011, and any portable pack and
				play yards manufactured after February 19, 2014; and
16.1.a.2. Supply separate cribs or portable
				packs and play yards for infants. Family child care providers shall not use
				portable packs and play yards for infants able to climb;
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-17 - Night Time Care

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Sleeping.
				-- A family child care home providing night time care:
17.1.a. Shall not place mats or sleeping bags
				directly on the floor for overnight sleeping;
17.1.b. Shall provide the children with clean
				linen, pillows, and additional coverings as needed for comfort;
17.1.c. Shall be awake while the children are
				awake and sleep only when all the children are asleep; and
17.1.d. Shall ensure that only children of
				the same family and sex sleep together in the same bed.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-18 - Parent Involvement

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1.
				Responsibilities.
18.1.a. A family child care
				home shall maintain all completed parental forms required by the department,
				including emergency information and medical forms, on file.
18.1.b. The caregiver shall require parents
				to review and sign daily sign in and out sheets to document the time all
				children are in care.
18.1.c. A
				family child care home shall keep records on file for two years.
18.1.d. The caregiver shall work with
				parents, the school system, the Birth to Three Program, and other providers to
				plan for a child's transition to other programs.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-19 - Required Reporting to the Department

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. A family child care home shall
				immediately report suspected child abuse or neglect to the department in
				accordance with W. Va. Code §
									49-2-801
et
				seq.
19.2. A family child
				care home shall immediately report to the department any accidents or illnesses
				resulting in emergency treatment, hospitalization, or the death of a child and
				follow up with a written report within 72 hours on a form designated by the
				department.
19.3. A family child
				care home shall report the following within 72 hours:
19.3.a. An adult added to the household so a
				criminal history background check can be completed;
19.3.b. Major damage to the home caused by
				fire, flood, or storms; and
19.3.c.
				A change in address.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-20 - Enforcement Action

Current through Register Vol. XLI, No. 28, July 12, 2024
This rule may be enforced by revocation of a certificate of
				  registration, or by immediate closure, or both, in accordance with W. Va. Code
				  §
									49-2-117 and W. Va. Code §
									49-2-118.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Section 78-19-21 - Administrative and Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. In accordance with the provisions of W.
				Va. Code §
									49-2-105, a family child care home
				may seek an administrative review of a decision made by the secretary by
				requesting a hearing within 30 days of receiving the notice of the
				decision.
21.2. A family child care
				home may also seek immediate relief from the decision of the secretary by a
				showing of good cause made by verified petition to the Circuit Court of Kanawha
				County or the circuit court of the county where the home is located.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Appendix 78-19-A - Universal Precautions

Current through Register Vol. XLI, No. 28, July 12, 2024
Click
				  Here To View Image
Mix
a fresh solution each day.
Use
it to disinfect surfaces that have been
				  cleaned.
Dispense
it from a spray bottle that you
				  keep out of the reach of children.
Wet
the entire surface until glistening and
leave
solution on the surface at least 2 minutes.
Dry
with a paper towel or allow to air dry.
Healthy Young Children, 4th Edition, 2012
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-19 - Family Child Care Home Registration Requirements › Appendix 78-19-B - Universal Precautions

Current through Register Vol. XLI, No. 28, July 12, 2024
Spills of body fluids (i.e., urine, feces, blood,
							 saliva, nasal discharge, and injury or tissue discharge) shall be cleaned up
							 immediately as follows:
For spills of vomit, urine, and feces: walls,
							 bathroom, table tops, toys, kitchen counter-tops, and diaper-changing tables
							 shall be cleaned and disinfected.
For spills of blood or blood-containing body fluids
							 and injury tissue discharges: the area shall be cleaned and disinfected. Gloves
							 shall be used in these situations unless the amount of blood or body fluid is
							 so small that it can easily be contained by the material used for cleaning. If
							 disposable gloves are used, they shall be discarded immediately, and hands
							 washed.
Persons involved in cleaning contaminated surfaces
							 shall avoid exposure of open sores or mucous membranes to blood or
							 blood-containing body fluids and injury or tissue discharges by using gloves to
							 protect hands when cleaning contaminated surfaces.
Mops shall be cleaned, rinsed in sanitizing solution,
							 wrung as dry as possible, and hung to dry. Persons cleaning mops shall wear
							 gloves.
Blood-contaminated material and diapers shall be
							 disposed of in a plastic bag with a secure tie.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-20 - Informal and Relative Family Child Care Home Registration Requirments › Section 78-20-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- This
				rule establishes minimum standards and procedures for the registration of
				informal and relative family child care homes under the provisions of W. Va.
				Code §
									49-2-101,
et
				seq.,
and related federal and state codes.
1.2. Authority -- W. Va. Code §
									49-2-121.
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 voluntary registration of those informal and relative family child
				care homes in West Virginia that participate in federal subsidy
				programs.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-20 - Informal and Relative Family Child Care Home Registration Requirments › Section 78-20-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application - This rule applies to any informal or relative family child care
				home that operates in West Virginia.
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 78-20 - Informal and Relative Family Child Care Home Registration Requirments › Section 78-20-4 - Certificate of Registration Information

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Application for Registration.
4.1.a. Initial -- The department shall issue
				an initial certificate of registration to an informal or relative family child
				care home upon application and compliance with this rule.
4.1.b. Renewal -- The department shall issue
				a renewal of the certificate of registration to an informal or relative family
				child care home upon application for renewal, which shall be submitted at least
				30 days before expiration of the current certificate.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-20 - Informal and Relative Family Child Care Home Registration Requirments › Section 78-20-5 - Inspection and Investigation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1. A
				caregiver shall allow a reasonable on-site monitoring inspection by the
				department.
5.2. The department may
				conduct inspections with or without advance notice.
5.3. During inspections, the caregiver shall
				provide access to the premises and to all aspects of the informal or relative
				family child care home operation, including the children in care and the
				household members.
5.4. An informal
				or relative family child care home shall ensure that its records are available
				in easily accessible files for inspection.
5.5. An informal or relative family child
				care home shall cooperate in the investigation of complaints against the
				home.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-20 - Informal and Relative Family Child Care Home Registration Requirments › Section 78-20-6 - Caregiver, Substitute, and Household Member Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. General Requirements.
6.1.a. The caregiver or substitute shall be:
6.1.a.1. At least 18 years of age;
				and
6.1.a.2. Able to read and write
				or have another adult present in the home, during the hours of care, who is
				able to read and write.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-20 - Informal and Relative Family Child Care Home Registration Requirments › Section 78-20-7 - Home Safety Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Home Requirements. An informal or relative family child care home shall have
				working heat, electricity, indoor plumbing, a cook stove, a refrigerator, and
				access to a working telephone or communications device.
7.2. Safety Barriers. Safety gates shall be
				provided at the top and bottom of stairs that are accessible to children under
				24 months of age.
7.3. Hazards.
				Informal or relative family child care homes shall:
7.3.a. Store cleaning supplies, detergents,
				aerosol cans, pesticides, poisons, flammable materials, poisonous or unknown
				plants, medicines, alcoholic beverages, medical cannabis, and toxic materials
				out of the reach of children under six years of age;
7.3.b. Store hazardous materials separately
				from food items; and
7.3.c. Store
				guns, ammunition, hunting knives, bows and arrows, and other weapons in a
				locked cabinet or locked closet.