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 78-20 - Informal and Relative Family Child Care Home Registration Requirments › Section 78-20-8 - Fire Safety

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. One
				working smoke detector shall be installed on every level of the home.
8.2. An ABC-rated multi-purpose fire
				extinguisher shall be available in the home at all times.
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 78-20-9 - Health, Sanitation, and Nutrition

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Health -- The caregiver shall obtain
				from the child's parent a record of each child's health examinations and
				immunizations and maintain the information in a file according to the following
				guidelines:
9.1.a. A general medical
				examination shall be obtained for all children within 30 days of admission to
				the home. The examination may be completed no more than six months prior to the
				child's admission to the home.
9.1.b. The caregiver shall provide parents
				with a WV HealthCheck periodicity chart for child health exams and shall obtain
				from the parent a new health assessment updated with new or current information
				at least every two years for any child under the age of six years.
9.1.c. Immunization records shall be
				completed and updated according to the schedule recommended by the
				department.
9.1.d. If immunizations
				are not current, the caregiver shall obtain a schedule for completion from the
				parent for the informal or relative family child care home's files, unless the
				parent provides written documentation from a physician that immunizations are
				contraindicated due to the child's medical condition. A grace period is
				permitted for children experiencing homelessness and children in foster care
				based on the individual circumstances of the child.
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 78-20-10 - Water Safety

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. The
				caregiver shall obtain written permission from parents before all water play or
				swimming activities, or both.
10.2.
				The informal or relative family child care home shall ensure that all pools and
				hot tubs are either emptied or inaccessible to children when not in
				use.
10.3. A caregiver shall be
				physically present and supervise the children at all times during water play or
				swimming activities, or both.
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 78-20-11 - Emergency Practices

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Emergency Information -- An informal or relative family child care home shall
				ensure that written emergency information is available near the telephone or
				other communications device within easy access of the caregiver, children, and
				substitutes that contains telephone numbers for the following:
11.1.a. Police and fire
				departments;
11.1.b. The child
				abuse and neglect hotline;
11.1.e.
				Ambulance service;
11.1.d. A poison
				control center or the universal poison control center telephone number
				1-800-222-1222;
11.1.e. Each
				parent's work and home;
11.1.f. A
				health care provider for each child; and
11.1.g. 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 78-20 - Informal and Relative Family Child Care Home Registration Requirments › Section 78-20-12 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. When
				transporting children, the caregiver shall:
12.1.a. Accompany children on activities that
				require transportation;
12.1.b.
				Ensure the driver transporting the children has a valid drivers license;
				and
12.1.c. 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 78-20 - Informal and Relative Family Child Care Home Registration Requirments › Section 78-20-13 - Program and Equipment

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1.
				Daily Routine -- An informal or relative family child care home shall have a
				daily routine appropriate to the ages of the children in care that includes:
13.1.a. Specific meal times;
13.1.b. Nap times for children who need
				them;
13.1.c. Indoor play time;
				and
13.1.d. Outdoor play time on
				days when temperatures are 40 degrees and above, weather and circumstances
				permitting.
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 78-20-14 - Guidance and Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Guidance.
14.1.a. The caregiver shall use
				guidance that helps the children understand appropriate behavior and is
				appropriate to their ages.
14.1.b.
				An informal or relative family child care home shall have rules that are fair,
				consistent, and relevant to the children's ages.
14.1.c. An informal or relative family child
				care home may use a time-out that lasts no more than one minute for each year
				of a child's age and only for the purpose of helping a child regain
				control.
14.1.d. The caregiver and
				parents shall discuss and agree upon positive methods of guidance that
				encourage a child's acceptable behavior.
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 78-20-15 - Children Under 24 Months of Age

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Equipment -- An informal or relative
				family child care home:
15.1.a. Shall provide
				children under 13 months of age with a crib, port-a-crib, or playpen that has
				no more than 2 3/8 inches between slats, side, or end panels;
15.1.b. Shall not allow children under 13
				months of age to sleep on any type of adult bed or sofa;
15.1.e. Shall not place soft pillows or
				stuffed animals in beds with children under 13 months of age during sleep or
				nap times;
15.1.d. Shall ensure
				that high chairs, infant swings, playpens, and cribs are safe, sanitary, and in
				good working condition; and
15.1.6.
				Shall disinfect toys and play equipment used by children under 24 months of age
				after each use.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-20 - Informal and Relative Family Child Care Home Registration Requirments › Section 78-20-16 - Required Reporting to the Department

Current through Register Vol. XLI, No. 28, July 12, 2024
16.1. An informal or relative family child
				care home shall immediately report suspected child abuse or neglect to the
				department in accordance with W. Va. Code §
									49-2-101
et seq.,
and W. Va. Code §49-2-
202 et seq.
16.2. An informal or relative 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 form prescribed by the department within 72
				hours.
16.3. An informal or
				relative family child care home shall report the following within 72 hours:
16.3.a. An adult added to the household so a
				criminal history background check can be completed;
16.3.b. Major damage to the home caused by
				fire, flood, or storms;
16.3.c. A
				change in address; and
16.3.d. A
				change in phone number.
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 78-20-17 - Enforcement Action

Current through Register Vol. XLI, No. 28, July 12, 2024
The department may enforce this rule by revocation of a
				  certificate of registration, or by immediate closure, or both, in accordance
				  with W. Va. Code §
									49-2-101
et seq.,
and W. Va. Code §
									49-2-202
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 78-20 - Informal and Relative Family Child Care Home Registration Requirments › Section 78-20-18 - Administrative and Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
18.1. In accordance with W. Va. Code §
									49-2-101
et seq.,
an informal or relative 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.
18.2. An informal or relative 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 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				rule establishes minimum standards and procedures for the licensing of child
				care centers operating an out-of-school-time program 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 regulation of out-of-school time programs 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 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application. This rule applies to any child care center operating an
				out-of-school-time child care program in West Virginia. The provision of rules
				applicable to hiring prohibitions in 78CSR21-7.5 shall apply retroactively and
				prospectively as these rules are regulatory in nature and are not meant to be
				penal.
2.2. This rule does not
				apply to child care centers operating programs for children younger than school
				age who are not Pre-K students; such programs are licensed under 78 CSR 1,
				Child Care Centers Licensing.
2.3.
				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 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-4 - Licensing Information and Provisions

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Requirements for a License or
				Certificate of Approval.
4.1.a. Before
				establishing or operating a child care center:
4.1.a.1. The program director, the
				signatories on the application and at least one additional member of the
				governing body shall verify in writing that he or she has read this rule and is
				responsible for compliance with its requirements;
4.1.a.2. If operating an out-of-school-time
				program, other than one operated by the state, shall obtain a license from the
				Secretary; and
4.1.a.3. Operated by
				the state shall obtain a certificate of approval from the Secretary.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-5 - Inspection and Investigation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				An applicant or licensee shall permit the Secretary access to the program to
				conduct announced and unannounced inspections of all aspects of the program's
				operation and premises.
5.2. A
				licensee shall provide all information requested by the Secretary.
5.3. When an inspection or complaint
				investigation finds non-compliance with this rule, the Secretary may require a
				plan of correction.
5.4. The
				Secretary may request the licensee to submit the results of a health
				examination, psychological examination or drug and alcohol screening result on
				the licensee or any personnel of the program if good cause is found during an
				inspection or investigation.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-6 - Governance

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. Administrative
				Structure.
6.1.a. General. The Licensee is
				legally accountable for the operation of the program and shall ensure the
				program's compliance with the provisions of W. Va. Code §
										49-2-101
et seq.
,
				and the requirements of this rule.
6.1.b. A program shall have a governing body
				to ensure that the responsibilities of the licensee are carried out.
6.1.b.1. The governing body shall be
				comprised of at least one parent of a child currently served by the program, or
				when no parent is available for the governing body, a parent advisory committee
				shall be established as described in this section;
6.1.b.2. No staff member, staff family
				member, or employee of a public agency that regulates or makes eligibility
				decisions for the program may serve, but the director may be an ex-officio
				non-voting member;
6.1.b.3. The
				governing body shall meet at least two times in a 12-month period and preserve
				in writing the minutes of each meeting, including but not limited to, the
				meeting's date and time, members in attendance, issues considered, and
				decisions made; and
6.1.b.4. The
				governing body shall appoint a program director to manage the daily operations
				of the program; submit the director's qualifications in writing for approval by
				the Secretary prior to employment; conduct an annual evaluation of the program
				director; and oversee any necessary action regarding the program director's job
				performance.
6.1.c. An
				unincorporated, individual licensee (owner) may act as the governing body. In
				addition to the requirements listed in paragraph 6.1.b.4. of this rule, the
				owner shall appoint a parent advisory committee comprised of parents of
				children currently served by the program that meets with the program director
				at least two times in a 12-month period.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-7 - Staffing

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. This section
				applies to all program personnel including the private owners, volunteers, and
				parents who are used in a program capacity regardless of
				compensation.
7.2. This section
				does not apply to:
7.2.a. An adult not
				associated with the program who is in the facility for brief periods in the
				normal course of carrying out business or professional activities and is not
				left alone with nor aids in the supervision of children;
7.2.b. A parent of an enrolled child who is
				at the program only for the purpose of performing parental responsibilities in
				relation to his or her own child; or
7.2.c. A professional not associated with the
				program that performs a child specific service at the request of the child's
				parent or guardian, such as a speech or occupational therapist.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-8 - Environment

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1. Licensed
				Capacity. A center shall ensure that at all times the maximum number of
				children participating in activities on or off the premises does not exceed the
				licensed capacity. Personnel and group size may be factored into the maximum
				capacity for certain age groups.
8.2. Space.
8.2.a. A center shall provide a minimum of 35
				square feet per child of usable indoor space that is approved by the Secretary
				for daily program activities. A center shall make the rooms and areas of the
				center that are not approved for a child's use inaccessible to the
				children.
8.2.b. Indoor space for
				daily program activities does not include any space that is not available for a
				child's activities including space occupied by columns, vestibules, corridors,
				and areas to be clear for a means of egress; fire escapes; areas used
				exclusively for eating; bathrooms; staff lounges; adult work areas including
				offices, laundry, and furnace rooms; kitchens; permanently equipped isolation
				areas; and storage spaces.
8.2.c.
				For out-of-school-time programs that operate more than four continuous hours on
				a daily basis, the center shall provide an outdoor activity area that includes
				a minimum of 75 square feet of space per child, or if the outdoor activity area
				has less than that, a center shall establish an outdoor activity schedule for
				rotating groups of children to meet the minimum space requirement and to ensure
				that each child has an opportunity to have outdoor activity each day.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-9 - Supervision of Children

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. A
				center shall ensure that:
9.1.a. Staff provide
				adequate supervision to children at all times;
9.1.b. Staff can account for children at all
				times through a means to track children as they participate in the program,
				take independent restroom breaks, as activities change, as transportation
				occurs and takes action when a child is missing on or off the
				premises;
9.1.c. Public restrooms
				are in staff's line of vision if used by children participating in the program;
				provided, that staff shall accompany children under nine years of age to public
				restrooms that are adjoined to or located within locker rooms, shower rooms, or
				other similar type facilities;
9.1.d. At no time is a Pre-K child without
				adult supervision including restroom breaks;
9.1.e. When children are on the premises, at
				least one staff member and one other facility staff member are
				present;
9.1.f. In determining and
				maintaining the staff-to-child ratio, the center shall not include any staff
				member who is performing other duties such as maintenance or accounting, except
				in an emergency situation when staff may be reassigned to supervise the
				children; and
9.1.g. A student
				intern that is at least 16 years old and not yet 18 years old may count in the
				staff-to-child ratio provided the intern is in a field of study related to
				child care as approved by the Secretary, works under the direct supervision of
				at least a group leader and acts only in an aide capacity not having final
				decision-making authority.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-10 - Program

Current through Register Vol. XLI, No. 28, July 12, 2024
The center shall have a program of activities that:
10.1. Meets the goals of the center as
				established by the statement of purpose;
10.2. Is based on knowledge of child
				development for the school-age child and, if applicable, pre-school age
				child;
10.3. Encourages parent
				input and review;
10.4. Provides
				supervised activities designed especially for the age and skill level of
				participating children, to include:
10.4.a.
				Opportunities for child input and choice of activities;
10.4.b. Opportunities to develop physical
				fitness;
10.4.c. Opportunities for
				concentration, alone or in a group;
10.4.d. Opportunities to read or do
				homework;
10.4.e. Opportunities to
				be creative, to explore the arts, sciences, and social studies, and to solve
				problems;
10.4.f. Opportunities for
				community service experience; and
10.4.g. Opportunities for adult supervised
				skill building and self-development groups.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-11 - Guidance and Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Positive Guidance.
11.1.a. The program staff
				shall use guidance that helps the children understand age-appropriate
				behavior.
11.1.b. An
				out-of-school-time child care program shall have rules that are fair,
				consistent, and relevant to the children's ages.
11.1.c. An out-of-school-time child care
				program may use a time-out that lasts no more than one minute for each year of
				a child's age and only for the purpose of helping a child regain control.
				Time-out must be under adequate supervision.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-12 - Nutrition

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. A center
				shall provide children with meals and snacks that are consistent with the
				United States Department of Agriculture's current Dietary Guidelines for
				Americans and in accordance with the Child and Adult Care Food Program meal
				patterns (see Appendix A and B of this rule).
12.2. A center shall ensure that no more than
				four hours elapse between meals and snacks. A center shall provide meals and
				snacks according to the following requirements:
12.2.a. A center that is open from morning
				through afternoon shall serve a morning snack or breakfast, lunch, and an
				afternoon snack;
12.2.b. A center
				that provides care before 7 o'clock in the morning shall ensure a child has
				breakfast available;
12.2.c. A
				center that provides care to the child whose planned attendance extends beyond
				7 o'clock in the evening shall serve supper; and
12.2.d. An out-of-school-time program shall
				serve a snack or meal to the school-age child within one hour of arriving after
				a normal school day.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-13 - Required Reporting to the Department

Current through Register Vol. XLI, No. 28, July 12, 2024
13.1. A center shall:
13.1.a. Immediately report suspected child
				abuse or neglect to the Department in accordance with W. Va. Code §
										49-2-801
et
				seq.
13.1.b. Report within
				24 hours to the Secretary any serious occurrence and shall immediately inform
				the parent or parent's authorized designee when a child is involved in a
				serious occurrence. For each serious occurrence, the center shall;
13.1.b.1. Ensure that the staff member in
				charge prepares and signs a serious occurrence report; and
13.1.b.2. Place the report in the child's
				file and in a separate cumulative file maintained by the center.
13.1.c. Report within 72 hours any
				major damage to the facility caused by fire, flood, storms, or other
				events.
13.1.d. Report immediately
				a change in the center's phone number.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-14 - Emergency Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1.
				Emergency File. A center shall develop and maintain an emergency file with
				information for each enrolled child that is accessible to all staff members,
				including at off-site activities.
14.2. While children are off the premises, at
				least one direct care staff has completed a course in child first aid and has
				current certification in CPR appropriate to the age of the children in
				care.
14.3. Emergency Policies,
				Procedures and Plan. A center shall develop, implement, and maintain policies
				and procedures for responding to an emergency. The plan shall include, but not
				be limited to:
14.3.a. For medical and
				non-medical emergencies and for situations that could pose a hazard to staff
				and children, including, a fire, storm, flood, chemical spill, power failure,
				bomb threat, persons coming onto the premises whose health or behavior may be
				harmful, or kidnapping;
14.3.b. For
				evacuation from the center in the event of an emergency that could cause damage
				to the center or pose a hazard to the staff and children;
14.3.c. For evacuation from a vehicle used to
				transport children;
14.3.d. That
				considers the age and physical and mental abilities of the enrolled children;
				types of emergencies that are likely to affect the area; the requirements of
				the State Fire Marshal; and advice from the Red Cross or other health and
				emergency professionals; and
14.3.e. For documenting the review of its
				emergency plans with new staff during orientation and with all staff at least
				annually.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-15 - Pest Management

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. A
				center shall document that the facility has an integrated pest management
				program as required by the West Virginia Department of Agriculture.
15.2. A center shall provide for insect and
				rodent control that does not compromise the safety of children.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-16 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
When providing transportation, a center shall ensure
				  that:
16.1. The vehicle used is
				currently licensed, inspected, insured, and is equipped with signs and warning
				lights or alternative warning devices as required by W. Va. Code §
									17C-12-7a;
16.2. Any vehicle used for transportation
				that has a capacity that exceeds 10 passengers meets the National Highway
				Traffic Safety Administration (NHTSA) standards for a school bus. Any vehicle
				used for transportation that has a capacity that exceeds 10 passengers shall
				follow the recommendation of the NHTSA for preventing rollover;
16.3. The driver holds a current driver's
				license for the type of vehicle being driven;
16.4. The driver does not use a cell phone or
				engage in conversation while driving;
16.5. The driver or a qualified staff member
				ensures that each child is in an approved child safety restraint system that
				meets the federal recommendations of the National Highway Traffic Safety
				Administration (NHTSA), either a child safety seat or booster seat, and is
				secured with a seat belt at a ratio of one child per seat belt; provided, a
				county owned public school bus is exempt from this requirement if not required
				by state or federal law to use a child safety restraint system;
16.6. The vehicle is equipped with emergency
				supplies, including a first-aid kit, fire extinguisher, and, if only one adult
				is in the vehicle, a mobile telephone or two-way radio to be used for
				emergencies;
16.7. When the center
				owns the vehicle, identifying information is placed on the outside of the
				vehicle, which can be read by a pedestrian or other passing vehicle, that
				includes the name, address, and telephone number of the center; and
16.8. When the center owns the vehicle, a
				weekly safety check is conducted and recorded. The safety check shall include
				vehicle tire pressure, headlights, windshield wipers, emergency flashers, brake
				lights, turn signals, first aid kit, gas gauge, oil, and other
				fluids.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-17 - Medication Administration

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1.
				A center shall only administer medication with written permission from the
				child's parent, and with a prescription or a written order from a licensed
				health care provider except as provided for in subsection 17.5.
17.2. The center shall secure instructions
				from the child's parent for each medication to be administered. The center
				shall not accept instructions that indicate to administer the medication on an
				as needed basis unless the order is accompanied by a medical treatment plan
				written by the child's licensed health care provider which describes the as
				needed condition. All medication instruction must be legibly written, signed by
				the parent, attached to the medication log, and shall include:
17.2.a. The child's first and last
				name;
17.2.b. The name of the
				medication to be given;
17.2.c. The
				reason the medication is being given; and
17.2.d. Directions for the administration of
				the medication including the specific dosage, specific frequency, or time to be
				given, and the route to be given.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-18 - Enforcement Actions

Current through Register Vol. XLI, No. 28, July 12, 2024
The Secretary may revoke or make a license provisional or
				  issue an order of closure to a Child Care Center in accordance with W. Va. Code
				  §
									49-2-117.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Section 78-21-19 - Administrative and Judicial Review

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. In accordance with the provisions of W.
				Va. Code §
									49-2-105, a child care center 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.
19.2. A child care center 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 program 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 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Appendix 78-21-A - USDA Food Guide For Recommended Nutrient Intake

Current through Register Vol. XLI, No. 28, July 12, 2024
United States Department of Agriculture (USDA) Food and
				  Nutrition Service's Nutrition Standards for CACFP Meals and Snacks issues the
				  Dietary Guidelines every five years.
The guidelines can be found at
https://www.fns.usda.gov/cacfp/meals-and-snacks
.
				  Please refer to the most current guidelines when using 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 78-21 - Out-of-School-Time Child Care Center Licensing Requirements › Appendix 78-21-B - Child And Adult Care Food Program - Meal Patterns

Current through Register Vol. XLI, No. 28, July 12, 2024
The Child and Adult Care Food Program (CACFP) is administered
				  by the USDA. Eligible public or private child care centers,
				  outside-school-hours care centers, Head Start programs, and other institutions
				  which are licensed or approved to provide child care services may participate
				  in CACFP, independently, or as sponsored centers. Meals served to children are
				  reimbursed at rates based upon a child's eligibility for free, reduced price,
				  or paid meals. More information and current meal pattern plans can be found at.
https://www.fns.usda.gov/cacfp
.
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West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-22 - Child Care Quality Rating And Improvement System › Section 78-22-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes the requirements for implementation of a Child
				Care Quality Rating and Improvement System consistent with W. Va. Code
				§49-2E et seq.
1.2. Authority.
				-- W. Va. Code §49-2E.
1.3.
				Filing Date. -- May 2, 2012.
1.4.
				Effective Date. -- May 2, 2012.
This rule is effective upon the date specified in an
				  emergency rule promulgated by the Department of Health and Human Resources as
				  being the date funding for implementation of the Child Care Quality Rating and
				  Improvement System will become available pursuant to a duly enacted
				  appropriation bill authorizing the expenditure of funds for that
				  purpose.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-22 - Child Care Quality Rating And Improvement System › Section 78-22-2 - Applicability and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				This rule applies to any child care program that participates in the Quality
				Rating and Improvement System operated by the Department of Health and Human
				Resources in accordance with W. Va. Code §49-2E.
2.2. This rule is enforced by the Secretary
				of the Department of Health and Human Resources.
2.3. Pursuant to W. Va. Code § 49-2E-4,
				no provision of this rule may be construed to require implementation of a
				quality rating and improvement system unless funds are appropriated therefor.
				The 'Quality Rating and Improvement System Cost Implementation Study' dated
				July 31, 2011, prepared and published by the Marshall University Center for
				Business and Economic Research for the Department of Health and Human Resources
				and accessible on-line at
				http://www.marshall.edu/cber/research/QualityRatingImprovementSystemFINAL.pdf
				[File Link Not Available], is the financial plan submitted by the Secretary of
				the Department of Health and Human Resources pursuant to Chapter §
				49-2E-3, and is hereby attached by reference and incorporated into this rule as
				if fully set forth herein. The financial plan prioritizes the components of the
				system for implementation and provides for gradual implementation over a period
				of several years in the event that funding is not sufficient to implement all
				requirements in code.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-22 - Child Care Quality Rating And Improvement System › Section 78-22-4 - Application and Renewal

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. A
				child care program shall submit a completed QRIS application as prescribed by
				the Secretary for advancement to a two-star or a three-star level.
4.2. A child care program that qualifies for
				a four-star level shall submit verification of the accreditation to the
				Secretary in a process prescribed by the Secretary.
4.3. The Secretary shall notify a child care
				program that submits an incomplete application or submits an application not
				prescribed by the Secretary that the application is not acceptable.
4.4. A child care program shall submit a QRIS
				application for renewal of the advanced star rating on an annual basis or as
				prescribed by the Secretary. The program must submit the application for
				renewal at least 60 days prior to the anniversary date of the advanced star
				rating in order to avoid a lapse in or ability to participate in
				incentives.
4.5. The advanced star
				rating is non-transferable if the ownership of the program changes. The program
				must be under the control of the new ownership for 6 months before the new
				program is eligible to apply for an advanced star rating with the following
				exception:
4.5.a. A four-star rated program
				under the control of new ownership whose national accreditation extends to the
				new ownership may retain its four-star rating. However, eligibility for new
				incentives will be at the discretion of the Secretary during the initial six
				months of ownership.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-22 - Child Care Quality Rating And Improvement System › Section 78-22-5 - Program Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				One-star program standards shall be equivalent to current licensing or
				registration rules.
5.2. The
				Secretary shall establish two and three-star program standards with advice from
				the Quality Rating and Improvement System Advisory Council. The standards will
				be organized by core knowledge areas or their equivalent.
5.3. Four-star program standards shall be
				equivalent to national accreditation by the National Association for the
				Education of Young Children or the National Association for Family Child Care.
				For licensed out-of-school time programs, four-star program standards shall be
				equivalent to accreditation standards set forth by the COA.
5.4. Each star level shall be progressive and
				cumulative, provided that any program accredited by the National Association
				for the Education of Young Children or the National Association for Family
				Child Care shall automatically be awarded a four-star status by the
				Secretary.
5.5. The Secretary, with
				advice from the Quality Rating and Improvement System Advisory Council, shall
				develop program standards. Program standards shall go through a public comment
				process before the criteria are finalized.
5.6. The QRIS Advisory Council shall
				re-evaluate program standards at a minimum of every five (5) years or when
				there is evidence or data indicating a need for review.
5.7. The Secretary shall advertise new
				standards in advance of implementation and programs given sufficient time to
				implement additional requirements.
5.8. Each participating program must meet the
				applicable program standards described in Tables A-C of Appendix 78-22 of 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 78-22 - Child Care Quality Rating And Improvement System › Section 78-22-6 - Accountability Measures

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1.
				Evaluation.
6.1.a. Child care settings that
				voluntarily apply for a higher star rating shall be evaluated by the Division
				of Early Care and Education to determine if the setting meets the additional
				quality standards established for each type of care at each of three additional
				levels of quality.
6.1.b.
				Applicants for a two-star rating shall be evaluated by the Division of Early
				Care and Education through a combination of on-site inspection for compliance
				with program standards or written documentation, and a self-assessment with a
				valid and reliable observation instrument designated by the Secretary, such as
				the nationally recognized set of Environmental Rating Scales for different age
				groups and types of care.
6.1.c.
				Three-star program applicants shall be evaluated by the Division of Early Care
				and Education on an annual basis, as funding allows, through a combination of
				an on-site inspection for compliance with program standards, written
				documentation and an on-site evaluation with the designated observation tools
				by a trained and reliable evaluator.
6.1.d. Four-star program applicants shall
				submit documentation that the program has been evaluated by a national
				accrediting body designated by the Secretary and the QRIS Advisory Council and
				is nationally accredited. A trained and reliable evaluator may evaluate the
				program on an annual basis with the designated observation tool.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-22 - Child Care Quality Rating And Improvement System › Section 78-22-7 - Review, Suspension and Revocation

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Review.
7.1.a. An applicant that is not satisfied
				with a proposed action that affects the quality rating may submit a written
				request for review within 30 days of the date of the action.
7.1.b. The QRIS Advisory Council shall
				appoint a subcommittee to review applications in which the program has filed a
				request for review.
7.1.c. The
				subcommittee shall provide a recommendation to the Director of the Division of
				Early Care and Education, who shall make the final decision on the outcome of
				the review.
7.1.d. The Director of
				the Division of Early Care and Education may continue or reinstate services if
				a review is requested within 15 days of the final decision.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-22 - Child Care Quality Rating And Improvement System › Section 78-22-8 - Quality Assurance

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Evaluating the QRIS.
8.1.a. The Secretary
				shall contract with an independent third-party evaluator to assist the
				Department and the Quality Rating and Improvement System Advisory Council with
				establishing and evaluating the QRIS and conducting research for quality
				improvement.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-22 - Child Care Quality Rating And Improvement System › Appendices › Appendix 78-22A - Child Care Center Quality Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
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West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-22 - Child Care Quality Rating And Improvement System › Appendices › Appendix 78-22B - Family Child Care Facility Quality Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
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West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-22 - Child Care Quality Rating And Improvement System › Appendices › Appendix 78-22C - Family Child Care Home Quality Standards

Current through Register Vol. XLI, No. 28, July 12, 2024
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West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-23 - W. Va. Works Program Sanctions › Section 78-23-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. - This
				rules establishes and sets forth the schedule of sanctions; identifies factors
				and considerations for sanctions; provides notice and reasons for sanctions,
				and, establishes due process procedures in contested cases when sanctions are
				imposed by the West Virginia Department of Health and Human Resources in the
				administration of the West Virginia Works Program pursuant to provisions of W.
				Va. Code §
									9-1-1 et
				seq.
1.2. Authority. - W. Va. Code
				§
									9-9-11(d).
1.3. Filing Date. - April 28, 2016
1.4. Effective Date. - July 1, 2016