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 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia › Section 78-3-10 - Management of Human Resources

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1.
				Deployment of Employees.
10.1.1. The
				organization shall retain sufficient numbers of qualified individuals to:
10.1.1.a. Efficiently and effectively meet
				the demand for all services it provides; and
10.1.1.b. Provide and coordinate the services
				that are within the organization's scope and mission.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia › Section 78-3-11 - Training and Supervision of Employees

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				Orientation of New Employees.
11.1.1. The
				organization shall ensure that each new employee, volunteer, and student
				receive an orientation within the first 10 business days of employment and
				shall document that orientation in the individual's personnel record.
11.1.2. The organization shall orient all new
				employees on the following:
11.1.2.a. An
				organizational chart that delineates lines of accountability and authority at
				all levels of the organization;
11.1.2.b. The objectives and process of the
				organization's continuous quality improvement program;
11.1.2.c. The organization's policies and
				procedures on confidentiality and disclosure of information on persons served,
				including penalties for violation of these policies and procedures and an
				orientation to federal confidentiality requirements as they apply to the
				organization;
11.1.2.d. The legal
				rights of persons served;
11.1.2.e.
				Mandatory reporting procedures for suspected abuse and neglect;
11.1.2.f. Appropriate identification and
				documentation of incidents;
11.1.2.g. The responsibility to abide by
				organizational and professional ethics;
11.1.2.h. Fire drills; and
11.1.2.i. Procedures regarding medical and
				psychiatric emergencies, including necessary notification of guardians and
				others.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia › Section 78-3-12 - Service Environment

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1. The
				organization shall meet all applicable federal, state, and local health,
				building, safety, and fire codes.
12.2. Food Services.
12.2.1. Food shall be stored, prepared, and
				served according to local health department regulations.
12.2.2. Use of paper or disposable plates,
				beverage containers, and utensils are to be limited and not used in day-to-day
				meal service. Outdoor therapeutic educational programs are exempt from this
				requirement when operating in the field.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia › Section 78-3-14 - Service Delivery

Current through Register Vol. XLI, No. 28, July 12, 2024
14.1. Program
				Description.
The organization shall develop a written description of each
				  service and program that is available to the public and potential consumers.
				  The description shall include:
14.1.1.
				The goals of the program;
14.1.2.
				The expected outcomes of the program;
14.1.3. The services provided by the
				program;
14.1.4. The usual staffing
				of the program including ratios and overall credentialing;
14.1.5. Characteristics of children
				appropriately served by the program; and
14.1.6. Restrictions in access to the
				program, 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 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia › Section 78-3-15 - Restrictive Behavioral Interventions

Current through Register Vol. XLI, No. 28, July 12, 2024
15.1. Legal
				Compliance.
15.1.1. Restrictive behavior
				management techniques include restraint (physical, mechanical, or chemical) and
				seclusion. The organization shall have a policy with specific procedures to
				govern the use of these techniques. The policy shall delineate the
				circumstances under which these techniques may be used and shall describe which
				techniques may be used in precise language. Unless indicated otherwise in this
				rule, restraints are to be used only in an emergency when there is imminent
				risk of the child physically harming himself or herself or others, including
				employees. Non-physical interventions are the first choice as an intervention
				unless safety issues demand an immediate physical response. Restrictive
				behavior management techniques are not to be used as a part of an approved plan
				of care.
15.1.2. Group restraints
				incorporating peers as restrainers or observers are prohibited in any treatment
				environment.
15.1.3. Seclusion,
				chemical and mechanical restraints shall be used only in facilities with
				explicit permission to do so as described in this rule (i.e. psychiatric
				residential treatment facilities and intermediate care facilities).
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia › Section 78-3-17 - Group Residential Child Care and Treatment

Current through Register Vol. XLI, No. 28, July 12, 2024
17.1. Employee
				Ratios and Training.
17.1.1. Employees, for
				the purposes of this section, are those individuals who are:
17.1.1.a. Fully oriented and trained
				according to organizational policy; and
17.1.1.b. Have job responsibilities that
				pertain only to the provision of child care, treatment and
				supervision.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia › Section 78-3-19 - High-Quality Group Residential Child Care Programs for Vulnerable Children

Current through Register Vol. XLI, No. 28, July 12, 2024
19.1. Staffing
				and Training.
19.1.1. In addition to the
				requirements for employee training prescribed in section 11 of this rule, all
				employees shall be trained on prudent parenting standards and on interacting
				with victims of sex trafficking;
19.1.2. The agency shall have, at a minimum,
				at least one staff member on-site who is authorized to apply the reasonable and
				prudent parent standard to decisions involving the participation of the child
				in age or developmentally appropriate activities;
19.1.3. The agency shall provide a nationally
				recognized behavioral health program for known victims of sex
				trafficking;
19.1.4. Children shall
				be cared for and supervised at the following levels:
19.1.4.a. A minimum of employee-to-child
				ratio of 1-to-6 shall be maintained during waking hours when children are on
				the grounds with a minimum of one employee present per residential living unit
				at all times when children are present in the living unit;
19.1.4.b. Additional or back-up care
				employees shall be available for emergency situations or to meet special needs
				presented by the persons in care; and
19.1.4.c. A minimum employee-to-child ratio
				of 1-to-12 shall be maintained during sleeping hours with a minimum, of at
				least one employee per residential living unit to be awake at all times when
				children are present in the living unit.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia › Section 78-3-20 - Qualified Residential Treatment Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
20.1.
				Accreditation Requirements. A qualified residential treatment facility shall be
				appropriately accredited as required by federal standards.
20.2. Employee Ratios.
20.2.1. The minimum employee-to-child ratio
				for a qualified residential treatment program shall be 1-to-4 during waking
				hours. During nighttime sleeping hours, the ratio shall be 1-to-8. During all
				hours there shall be capability to increase employee ratio in response to
				acuity. The ratio shall meet the standard set forth in the agency's programming
				description.
20.2.2. The
				organization shall have registered or licensed nursing staff and other licensed
				clinical staff who provide care within the scope of their practice as defined
				by state law who are:
20.2.2.a. On-site
				according to the treatment model; and
20.2.2.b. Available 24 hours a day, seven
				days per week.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia › Section 78-3-21 - Program-specific Rules for Maternity and Parenting Facilities

Current through Register Vol. XLI, No. 28, July 12, 2024
21.1. Maternity
				Care.
Care to a pregnant or parenting adolescent or transitioning
				  adult includes, but is not limited to:
21.1.1. Appropriate health care and health
				education;
21.1.2. Education needs
				specific to the pregnant or parenting youth;
21.1.3. Nutritional guidance and
				support;
21.1.4. Counseling
				services specific to making decisions and planning for his or her
				child;
21.1.5. Parenting
				educational services; and
21.1.6.
				Maintenance of an environment conducive to the safety of children (infant
				through toddler) and pregnant women.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia › Section 78-3-22 - Outdoor Therapeutic Educational Programs

Current through Register Vol. XLI, No. 28, July 12, 2024
22.1. Employee
				Ratios.
22.1.1. Employee ratios to children
				shall be appropriate for the activity in which the group is engaged.
22.1.2. Employee ratios for high risk
				activities shall be a minimum of four employees to 10 children.
				(4-to-10).
22.1.3. The
				employee-to-child ratio for away from main camp on low risk activities shall be
				a minimum of 3-to-10.
22.1.4. In
				main camp, the employee ratio shall be a minimum of two employees to 10
				children (2-to-10).
22.1.5.
				Employee ratios for groups away from camp may be adjusted downward for smaller
				groups; however, safety and the adequacy of supervision shall be a paramount
				concern.
22.1.6. At night:
22.1.6.a. Under normal weather conditions,
				each gender shall sleep separately with one counselor assigned to each sex. In
				cases of extreme weather, sexes may be in the same building or structure but
				the employees on duty shall functionally separate them;
22.1.6.b. There shall be a minimum of one
				employee per sleeping group. That employee may be sleeping when the group is in
				the main camp or in the field. When the group is in the main camp, at least one
				employee shall be awake and monitoring children at all times. The organization
				shall have a policy regarding employee ratios to ensure the safety and security
				of children at night when away from the main camp.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia › Section 78-3-23 - Intermediate Care Facilities for the Intellectually Disabled or Developmentally Disabled

Current through Register Vol. XLI, No. 28, July 12, 2024
23.1.
				Compliance.
Intermediate care facilities for children with intellectual
				  disabilities and developmental disabilities shall comply with the federal
				  Conditions of Participation (42 C.F.R. §
											440.150
et seq.
and § 483.410 through 483.480) except where state
				  licensing standards are more stringent and apply.
23.2. An intermediate care facility for the
				intellectually disabled or developmentally disabled may accept a 17-year old
				into an adult group home under the following conditions:
23.2.1. The average age, developmental levels
				and social needs of the adult residents in the home is approximately that of
				the child unless the prospective child and the other adult residents of the
				home have developmental disabilities that are severe or profound or the adult
				residents are non-ambulatory, nonverbal or have multiple physical
				handicaps;
23.2.2. The home has
				arranged educational programming for the child that is as normative as
				possible;
23.2.3. The child has a
				reasonable ability to participate in age-appropriate community
				activities;
23.2.4. The placement
				is developmentally consistent with other adult residents of the home;
				and
23.2.5. None of the adult
				residents of the home have a history of sexual predation.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia › Section 78-3-24 - Psychiatric Residential Treatment Facility

Current through Register Vol. XLI, No. 28, July 12, 2024
24.1
				Compliance.
A psychiatric residential treatment facility for persons
				  under 21 is a freestanding or physically distinct part of a psychiatric
				  inpatient organization that provides services and treatment to children who do
				  not need acute care but require intensive and coordinated services in a
				  residential setting in a manner consistent with federal requirements. A
				  psychiatric residential treatment facility provides a continually, medically
				  supervised interdisciplinary program of behavioral health treatment.
24.2. Accreditation Requirements.
A psychiatric residential treatment facility shall be
				  appropriately accredited as required by federal standards. Where differing
				  accreditation, certification or licensing standards exist, the more stringent
				  standard applies.
24.3.
				Employee Ratios.
24.3.1. The average
				employee-to-patient ratio for a psychiatric residential treatment facility
				shall be 1-to-4 during day and evening hours (one employee whose primary
				responsibility is providing direct care for every four children during the day
				and evening). During nighttime sleeping hours, the ratio shall be 1-to-8.
				During all hours there shall be capability to increase employee-to-patient
				ratio in response to acuity, extending to the provision of 1-to-1 care when
				necessary. Employees assigned to work a defined unit and providing care to the
				children on that unit including nursing, teachers, and activity therapists may
				be included in the employee-to-client ratio. Employees assigned to supervisory
				duties or whose duties cause them to be away from the unit (nursing supervisor)
				may not be included in the count.
24.3.2. The nursing coverage shall include a
				registered nurse during day and evening shifts with, at minimum, a licensed,
				practical nurse overnight.
24.3.3.
				There shall be a supervisor present on all shifts and employees shall have
				access to other administrative employees 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 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia › Section 78-3-25 - Therapeutic Residential School

Current through Register Vol. XLI, No. 28, July 12, 2024
25.1. Employee
				Ratios and Training.
25.1.1. Employees, for
				the purposes of this section, is defined as those individuals who are:
25.1.1.a. Fully oriented and trained
				according to organizational policy; and
25.1.1.b. Have job responsibilities that
				pertain only to the provision of child care, treatment and
				supervision.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-04 - Incorporation Of Social Services Manual › Section 78-4-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				manual contains policy and procedures for Economic Service Programs (Aid to
				Families With Dependent Children, Food Stamps, Medical Assistance Only,
				Emergency Assistance, TRIP, Low-Income Energy Assistance Program (LIEAP) and
				General Assistance for Disabled Adults Program).
1.2. Authority. -- 7 CFR, 42 CFR, 45
				CFR
1.3. Filing Date. -- September
				19, 1985.
1.4. Effective Date. --
				September, 1985.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-04 - Incorporation Of Social Services Manual › Section 78-4-2 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
The Economic Service Manual is hereby incorporated by
				  reference as a legislative rule. This document is available from the Secretary
				  of State's Office or the West Virginia Department of Human
				  Services.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-05 - Social Services › Section 78-5-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				Social Services Manual contains policy and procedures to be followed in the
				administration of adoption services, adult family care services, chore
				services, crisis intervention services, day care services for children,
				emergency shelter care services for adults, emergency shelter care services for
				children, family planning social services, foster care services for children,
				home care services, institutional planning and aftercare services, nursing home
				social services, personal care home services, protective services for children,
				single and adolescent parent services, social support services and youth
				services.
1.2. Authority. -- W. Va.
				Code ''9-1, 9-6, 49-1, 2, 3, 5, 6 and 7
1.3. Filing Date. -- October 1,
				1985.
1.4. Effective Date. -- July
				1, 1986.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-05 - Social Services › Section 78-5-2 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
The Social Services Manual is hereby incorporated by
				  reference as a legislative rule. This document is available from the Secretary
				  of State's Office or the West Virginia Department of Human
				  Services.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-06 - Incorporation By Reference as A Legislative Rule Of The Child Advocate Office Policy And Procedural Manual › Section 78-6-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule amends the "Incorporation by Reference as a Legislative Rule
				of the Office of Child Support Enforcement Policy and Procedural Manual" to the
				"Incorporation by Reference as a Legislative Rule of the Child Advocate Office
				Policy and Procedural Manual." The Child Advocate Office succeeded the Office
				of Child Support Enforcement on July 1, 1986, by legislative enactment (WVC
				'48A-2-5). This manual details the methods and procedures by which child
				advocate attorneys and paralegals process support cases, establish and enforce
				support obligations, locate absent parents, conduct investigations for family
				law masters and circuit court judges, mediate disputes, compute support
				arrearages, and collect and distribute support payments.
1.2. Authority. -- W. Va. Code '9-2-6.
1.3. Filing Date. -- February 26,
				1988.
1.4. Effective Date. --
				February 26, 1988.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-06 - Incorporation By Reference as A Legislative Rule Of The Child Advocate Office Policy And Procedural Manual › Section 78-6-2 - Incorporation by Reference as a Legislative Rule of the Child Advocate Office Policy and Procedural Manual

Current through Register Vol. XLI, No. 28, July 12, 2024
The Child Advocate Office Policy and Procedural Manual is
				  hereby incorporated by reference as a legislative rule. This document is
				  available from the Office of the Secretary of State or the West Virginia
				  Department of Human Services.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-07 - Incorporation Of The Work And Training Program Handbook Manual › Section 78-7-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				Work and Training Program Handbook provides the policies and procedures for the
				administration of the Job Opportunities and Basic Skills Training (JOBS)
				Program and the Food Stamp Employment and Training Program.
The primary goal of the JOBS Pro­gram is to place
				  public assistance recipients into employment to alleviate the need for public
				  assistance benefits. Enrollees can be placed into educational, job readiness,
				  job skills, job search, CWEP, OJT or post-second­ary education
				  activities.
Food Stamp Employment and Train­ing is a program
				  whereby certain Food Stamp recipients who are unemployed or
				  underem­ployed are re­quired to look for employment on their own
				  while they are receiving benefits.
The manual outlines policies and procedures to work with
				  recipients in these programs.
1.2. Authority and Related Code
				Cita­tions. -- Authority to administer the JOBS Program is granted by
				the Family Support Act of 1988 ( P.L. 100-485 ). The Food Stamp Employment and
				Training Program is autho­rized by the Food Secruity Act of 1985 ( P.L.
				99-198 ). Regu­lations for JOBS is in 45 CFR, while the Food Stamp
				regula­tions are in 7 CFR.
1.3. Filing Date. -- November 17,
				1995.
1.4. Effective Date. --
				November 17, 1995.
1.5. Repeal and
				Replace -- This rule repeals and replaces the Bureau for Children and Families
				Chapter 9-2, Series 7, Incorpora­tion of the Work and Training Program
				Hand­book Manual effective April 10, 1995.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-07 - Incorporation Of The Work And Training Program Handbook Manual › Section 78-7-2 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
The Work and Training Handbook is hereby incorporated by
				  reference as a legisla­tive rule. This document is available from the
				  Secretary of State's Office or the West Virginia Bureau for Children and
				  Families..
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-09 - Incorporation Of The Handicapped Children's Services Manual › Section 78-9-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				Handicapped Children's Services Manual contains program eligibility criteria,
				both medical and financial. This manual describes the scope of services to
				patients and procedures for the provision of these services. Also included in
				the manual are chapters on administration, confidentiality, and computer
				services.
1.2. Authority. -- W. Va.
				Code '49-4
1.3. Filing Date. --
				November 1, 1985
1.4. Effective
				Date. -- November 1, 1985
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-09 - Incorporation Of The Handicapped Children's Services Manual › Section 78-9-2 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
The Handicapped Children's Services Manual is hereby
				  incorporated by reference as a legislative rule. This document is available
				  from the Secretary of State's Office or from the West Virginia Department of
				  Human Services.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-10 - Incorporation Of West Virginia State Plan For Title XIX, Medicaid › Section 78-10-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- The
				state plan establishes requirements for the designation, organization, and
				general administrative activities of a state agency responsible for operating
				the State Medicaid program, and the conditions under which federal funds are
				available for expenditures related to the provision of Medicaid
				services.
1.2. Authority. -- W. Va.
				Code 42 CFR Subchapter C - Medical Assistance Programs
1.3. Filing Date. -- October 1,
				1985
1.4. Effective Date. --
				October 1, 1985
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-10 - Incorporation Of West Virginia State Plan For Title XIX, Medicaid › Section 78-10-2 - Incorporation by Reference

Current through Register Vol. XLI, No. 28, July 12, 2024
The West Virginia State Plan for Medicaid is hereby
				  incorporated reference as a legislative rule. This document is available from
				  the Secretary of State's Office or West Virginia Department of Human
				  Services.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-11 - Termination Of Income Withholding › Section 78-11-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				legislative rule establishes procedures whereby the Department of Human
				Services Child Advocate Office will terminate income withholding for support
				obligors.
1.2. Authority. -- W. Va.
				Code '48A-5-3(s), 42 U.S.C. '666(b)(10), 45 C.F.R. '303.100(a)(9)
1.3. Filing Date. -- June 5, 1989.
1.4. Effective Date. -- June 15,
				1989.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-11 - Termination Of Income Withholding › Section 78-11-2 - Termination of Income Withholding

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The Child Advocate Office may petition
				the court for an order to terminate income withholding upon the written request
				of both the obligor and obligee when the following conditions exist:
1. Both the obligor and obligee agree to the
				termination,
2. The obligor has
				owed no arrearage to the obligee, the State of West Virginia, or any other
				state for at least eighteen (18) months, and
3. Both the obligor and obligee can
				demonstrate to the Child Advocate Office a reliable alternative method by which
				the obligor will make the ordered support payments.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-15 - Tel-Assistance Program › Section 78-15-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope. -- This
				Legislative rule establishes the procedures under which the West Virginia
				Department of Health and Human Resources shall operate the Tel-Assistance
				Program pursuant to the provisions of W. Va. Code
§
24-2C-4
				and
				47 USC 254.
				Related information is found in Chapter 19.8 of the Department's West Virginia
				Income Maintenance Manual. The West Virginia Code is available in public
				libraries and on the Legislature's web page:
http://www.legis.state.wv.us/
. The
				United States Code is available in public libraries and on Congress' web page:
				http://www.thomas.loc.gov.
1.2.
				Authority. -- W. Va. Code
§
24-2C-4.
1.3. Filing Date. -- April 4, 2003.
1.4. Effective Date. -- July 1,
				2003.
1.5. Repeal and Replacement
				of Former Rule. This legislative rule repeals and replaces "Operating Rules and
				Regulations for the West Virginia Department of Human Services Tel-Assistance
				Program," 78CSR15, effective July 28, 1986.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-15 - Tel-Assistance Program › Section 78-15-2 - Purpose

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. The
				Tel-Assistance Program allows qualified low-income persons to request and
				receive basic local telephone service at a rate lower than the standard
				telephone service rate.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-15 - Tel-Assistance Program › Section 78-15-3 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. Department. --
				The West Virginia Department of Health and Human Resources.
3.2. Disabled. -- The inability to do any
				substantial gainful activity by reason of any medically determined physical or
				mental impairment that can be expected to last for a continuous period of not
				less than thirty (30) days.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-15 - Tel-Assistance Program › Section 78-15-4 - Responsibilities of the Department

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. The Department is responsible for
				determining eligibility of applicants for Tel-Assistance on an initial and
				continuing basis and communicating the determinations of eligibility to the
				participating telephone companies and the Public Service Commission.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-15 - Tel-Assistance Program › Section 78-15-5 - Eligibility Requirements

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				An individual is eligible for Tel-Assistance if he or she meets the criteria
				set forth in W. Va. Code §
									24-2C-1
				et seq.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-15 - Tel-Assistance Program › Section 78-15-6 - Determination and Communication of Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. In order to allow the Department to make
				a determination as to eligibility, the participating telephone companies shall
				provide the Department with the names and social security numbers of applicants
				for Tel-Assistance.
6.2. The
				Department shall routinely communicate eligibility determinations to telephone
				companies that request the eligibility determinations.
6.3. The Department shall annually provide
				the participating telephone companies with the birth date and basis for
				eligibility for individuals receiving Tel-Assistance. Unless the participating
				telephone companies obtain this information lawfully through other means and
				without an obligation to maintain its confidentiality, the participating
				telephone companies shall not use or disclose this information for any purpose
				other than the administration of Tel-Assistance. The administration of the
				program may include reporting by the participating telephone companies of
				eligibility information on an aggregate, non-individual basis to the Public
				Service Commission or its staff.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-15 - Tel-Assistance Program › Section 78-15-7 - Notification of Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1.
				Participating telephone companies shall notify applicants of their
				Tel-Assistance eligibility and benefits.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-15 - Tel-Assistance Program › Section 78-15-8 - Questions of Eligibility

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Participating telephone companies shall answer all questions of eligibility
				regarding the receipt of Tel-Assistance benefits.
8.2. All other responsibilities related to
				the implementation of the Tel-Assistance Program shall be handled by the
				participating telephone companies and by the Public Service Commission as
				prescribed in W. Va. Code §
									24-2C-1
				et seq.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-1 - General

Current through Register Vol. XLI, No. 28, July 12, 2024
1.1. Scope -- The
				purpose of this legislative rule is to establish minimum standards of
				acceptable care, protection, and supervision for children in family child care
				facilities and to provide a uniform standard of enforcement statewide for the
				licensure of family child care facilities. The rule is intended to promote the
				health, safety, and well-being of children placed in family child care
				facilities and to enhance their growth and development.
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 facilities 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 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-2 - Application and Enforcement

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1.
				Application -- This rule applies to any family child care facility 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 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-4 - Certificate of License Procedures

Current through Register Vol. XLI, No. 28, July 12, 2024
4.1. Application for License.
4.1.a. Any family child care facility that
				operates in West Virginia shall apply for and obtain a certificate of license
				from the Secretary before beginning operations and accepting children for
				care.
4.1.b. A family child care
				facility shall submit an application for renewal of a current license at least
				60 days before expiration of the current certificate of license.
4.1.c. Applications for licensure as a family
				child care facility shall be made separately for each facility to be
				licensed.
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 78-18-5 - Inspection and Investigation

Current through Register Vol. XLI, No. 28, July 12, 2024
5.1.
				Before issuing a certificate of license, the Secretary shall investigate the
				facility, its proposed program, and any persons responsible for the custody and
				care of children placed in that facility. This investigation shall include, but
				not be limited to, the following:
5.1.a. An
				evaluation of a facility's proposed services and the facility's ability to
				maintain compliance with this rule; and
5.1.b. A review of information including
				criminal history background checks, medical records, character and financial
				resources of the applicant, owners, employees, and other household
				members.
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 78-18-6 - Administration of the Family Child Care Facility

Current through Register Vol. XLI, No. 28, July 12, 2024
6.1. The operator and/or owner of a family
				child care facility shall administer the facility in a manner that complies
				with all of the requirements established for this category of care and all
				applicable Federal and State laws, ordinances, rules, and
				regulations.
6.2. In addition to
				the certificate of license, the operator shall display the following items in a
				prominent place for review by parents and staff:
6.2.a. Current menus for all meals and snacks
				served by the facility;
6.2.b. An
				emergency exit plan and a record of the required monthly fire drills for the
				past 12 months;
6.2.c. A copy of
				the "Family Child Care Facility Licensing Requirements" for use by staff and
				parents;
6.2.d. A daily activity
				schedule, including field trips; and
6.2.e. The most recent inspection reports
				from the State Fire Marshal and the Bureau for Public Health as required by
				this rule.
West Virginia Code of State Rules › Agency 78 - Human Services › Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES › Series 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-7 - Family Child Care Facility Personnel

Current through Register Vol. XLI, No. 28, July 12, 2024
7.1. Staffing/Facility Capacity.
7.1.a. A family child care facility shall
				have two staff members on duty who provide care for and supervision of the
				children if the facility provides care to more than two children under 24
				months of age or more than six children at the same time.
7.1.b. When determining the ratio between
				staff members and children, a family child care facility shall include all
				children 12 years of age and under who are present and cared for in the
				facility, including any child of the director, staff members, and friends of
				the child.
7.1.c. No operator or
				staff member shall be used to meet staff-to-child ratios for more than two
				consecutive eight-hour shifts of care.
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 78-18-8 - Guidance and Discipline

Current through Register Vol. XLI, No. 28, July 12, 2024
8.1.
				Guidance. The facility shall have a written policy on guidance of children
				which staff shall follow. The policy shall be consistent with the following
				guidelines:
8.1.a. The staff and parents
				shall discuss and agree upon positive methods of guidance that encourage a
				child's acceptable behavior;
8.1.b.
				The staff shall use guidance that helps a child understand appropriate behavior
				and is appropriate to the child's age;
8.1.c. A facility shall have rules that are
				fair, consistent, and relevant to the children's ages; and
8.1.d. Facility staff may use a time-out that
				is based on the following guidelines. Time-outs shall be used only:
8.1.d.1. As a supplement to positive
				approaches to discipline;
8.1.d.2.
				For the purpose of helping children regain control;
8.1.d.3. For brief periods of approximately
				one minute for each year of a child's age;
8.1.d.4. After the caregiver has discussed
				the reason for the time-out with the child in a way that the child can
				understand; and
8.1.d.5. If
				children removed from groups remain under visual supervision and are never
				unattended or placed behind closed doors.
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 78-18-9 - Transportation

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. When
				transportation is provided by the facility, staff shall observe the following
				precautions:
9.1.a. Transport vehicles shall
				be in safe running condition and have current insurance, an inspection sticker,
				and a license, according to state law;
9.1.b. Drivers shall be at least 18 years of
				age and appropriately licensed;
9.1.c. The driver and vehicle shall comply
				with all applicable motor vehicle laws;
9.1.d. Staff shall not leave any child
				unattended in a vehicle;
9.1.e.
				Each child shall be secured in an approved child safety seat or secured with
				seat belts at a ratio of one child per seat belt as required by W. Va. Code
				§
										17C-15-56; and
9.1.f. Staff shall carry children's emergency
				consent forms in the vehicle in case of accident or illness.
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 78-18-10 - Night Time Care

Current through Register Vol. XLI, No. 28, July 12, 2024
10.1. A
				facility shall not provide 24 consecutive hours of care for an individual child
				except for emergency situations such as brief hospitalizations or occasional
				business trips. Twenty-four-hour care shall not last more than 72 consecutive
				hours unless approved by the Secretary due to extenuating
				circumstances.
10.2. A facility
				that provides overnight care shall continue to meet staff-to-child ratios. If
				seven or more children are in care, an adult staff member shall remain awake
				and shall check on sleeping children at least hourly.
10.3. A facility shall serve an evening meal
				to children in overnight care and shall serve breakfast prior to a child's
				leaving for school or other activities unless the parent indicates
				otherwise.
10.4. The facility shall
				establish bedtime schedules for children in consultation with the child's
				parent.
10.5. The facility shall
				ask parents to provide children with clean, comfortable, non-flammable or flame
				retardant sleeping garments, a toothbrush, and a comb or brush. The facility
				shall label and store personal items separately for each child.
10.6. Staff shall not place mats or sleeping
				bags directly on the floor for overnight sleeping.
10.7. When bathing a child, staff shall:
10.7.a. Discuss bathing arrangements with the
				child's parents;
10.7.b. Provide
				age-appropriate bathing facilities for children in overnight care;
10.7.c. Supervise a child younger than six
				years of age while bathing;
10.7.d.
				Equip bathtubs and showers with safety devices to prevent slipping or
				falling;
10.7.e. Provide soap,
				clean water, clean individual wash cloths, and towels for each child;
				and
10.7.f. Thoroughly clean the
				tub between 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 78-18 - Family Child Care Facility Licensing Requirements › Section 78-18-11 - Care of Infants and Toddlers

Current through Register Vol. XLI, No. 28, July 12, 2024
11.1.
				A facility providing care for children 24 months or age or younger shall have
				sufficient space for the following:
11.1.a.
				Separate indoor and outdoor play areas for infants and toddlers away from those
				used by older children and
11.1.b.
				A quiet sleeping area with sufficient space to allow at least two feet between
				infant cribs, portable packs and play yards, beds, or cots
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 78-18-12 - Children with Special Needs

Current through Register Vol. XLI, No. 28, July 12, 2024
12.1.
				For children who need special care because of a disabling or limiting
				condition, the operator shall provide the care and activities recommended by
				qualified psychologists, physicians, or other experts.
12.2. A parent, physician, or other health
				care provider shall provide a written plan that includes instructions for any
				special treatment, diet, or restrictions in activities necessary for the health
				of the child.
12.3. The operator
				shall permit an early intervention specialist, when appropriate, to enter the
				facility to provide services to the child, to assure the environment is
				appropriate for the child, and to instruct staff in proper techniques of
				care.
12.4. The facility shall
				perform only those procedures and treatments for which staff has the necessary
				training, experience, credential, or license to perform.