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 78-21-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Adequate
				Supervision. -- The observation, oversight, and guidance of the individual
				child or groups of children, by the staff member taking responsibility for the
				ongoing activity of each child or group of children so that the staff member is
				close enough to intervene, if necessary, to protect the child from harm.
				Adequate supervision requires the staff member's physical presence, knowledge
				of the child's program of activities, individual needs, habits, interests, and
				special problems, if any, and the acceptance of accountability for the child's
				or group's care.
3.2. Approved
				Source. -- Food preparation from a source approved by the Health Department
				through an inspection or permit process, or commercially packaged
				consumables.
3.3. Approved
				Training. -- Training that has been approved by the Secretary.
3.4. Authorization and Release for Protective
				Services Record Check. -- A document provided by the Department, signed by a
				program's prospective staff member or employee, granting permission to conduct
				a search of Department records related to his or her involvement in child or
				adult abuse and neglect allegations, or other investigations documented by the
				Secretary.
3.5. Child. -- For the
				purpose of this rule, an individual who is less than 13 years of age.
3.6. Child Abuse and Neglect. -- Physical
				injury, mental or emotional injury, sexual abuse, sexual exploitation, the sale
				or the attempted sale, or negligent treatment or maltreatment of a child by a
				parent, guardian, or custodian responsible for the child's welfare, under
				circumstances which harm or threaten the health and welfare of the
				child.
3.7. Child Care Center. -- A
				facility maintained by the state or any county or municipality thereof, or any
				agency or facility operated by an individual, firm, corporation, association,
				or organization, public or private, for the care of 13 or more children for
				child care services in any setting, if the facility is open for more than 30
				days per year per child, except those facilities, centers, programs, and
				individuals set forth in W. Va. Code §
									49-2-101.
3.8. Child Care Setting -- Any regulated
				setting providing child care services to children, typically between six weeks
				through 12 years of age to include relative and informal child care homes,
				family child care homes, family child care facilities, child care centers, and
				Out-of-School Time programs.
3.9.
				Criminal History Background Check -- A review of information pursuant to the
				provisions of the West Virginia Clearance for Access: Registry and Employment
				Screening Act (WV CARES), W. Va. Code §
									16-49-1
et seq
.,
				and 69CSR10, and an examination of protective service records to determine
				eligibility for employment or participation under this rule.
3.10. Disinfect. -- Eliminate virtually all
				germs from an inanimate surface through the use of chemicals or heat.
3.11. Driver. -- A staff member who
				transports program children more than 3 times per week or a staff member whose
				job function is to transport children served by the child care
				program.
3.12. GED. -- A
				certificate verifying passage of a test of General Educational Development
				recognized as equivalent to a high school diploma.
3.13. Group. -- A specific number of
				children, distinct from the larger population of children, who interact with
				each other and with one or more specific staff members, in an assigned space.
				The size of the group and required number of staff are determined by the staff:
				child ratio set out in this rule.
3.14. License. -- A written certificate
				issued by the Secretary authorizing a person, corporation, partnership,
				voluntary association, municipality, county, or any agency thereof, to operate
				a child care program in accordance with the terms and conditions of the license
				and this rule.
3.15. Licensed
				Capacity. -- The maximum number of children permitted in a program as
				determined by the Secretary.
3.16.
				Licensed Health Care Provider. -- For the purpose of this rule, an individual
				who holds a license to practice in West Virginia as a physician -- Doctor of
				Medicine (MD) or Doctor of Osteopathy (DO), a physician's assistant (PA),
				chiropractor or nurse practitioner.
3.17. Licensee. -- The holder of a license or
				certificate of approval obtained from the Secretary to operate a child care
				program in West Virginia.
3.18.
				Medication Error. -- The following constitutes an error:
3.18.a. Failure to administer a dose of
				medication;
3.18.b. Administering
				medication to the incorrect child;
3.18.c. Administering medication in the
				incorrect dosage;
3.18.d.
				Administering medication at the incorrect time, other than within 30 minutes
				before or after the scheduled time;
3.18.e. Administering medication in the
				incorrect form;
3.18.f.
				Administering medication by the incorrect method or route; or
3.18.g. Administering medication that is
				incorrect itself.