West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-01 - Child Care Center Licensing Requirements
Section 78-1-4 - Licensing Information and Provisions
Universal Citation: 78 WV Code of State Rules 78-1-4
Current through Register Vol. XLI, No. 38, September 20, 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. A center operator and each 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. A child care center, other than one
operated by the state, shall obtain a license from the Secretary; and
4.1.a.3. A child care center operated by the
state shall obtain a certificate of approval from the Secretary.
4.1.b. A license or certificate of
approval is valid for up to two years from the date of issuance, as determined
by the Secretary, unless revoked or modified to provisional status.
4.1.c. A license or certificate of approval
is valid only for the center and its location named in the application and is
not transferable.
4.1.d. A licensee
shall post the license or certificate of approval in a conspicuous place in the
center.
4.1.e. If the ownership of
a center changes, the new owner shall apply for a license and shall not operate
until an initial license is issued.
4.1.f. Before the location of a center
changes, the licensee shall:
4.1.f.1. Inform
the Secretary of the planned change at least 60 days prior to the relocation;
and
4.1.f.2. Apply for a new
license or certificate of approval and shall not operate at the new location
until an initial license or certificate of approval is issued.
4.2. Application for a License or Certificate of Approval.
4.2.a. For
each center to be licensed or approved, an applicant shall submit a completed
application as prescribed by the Secretary. An application may be obtained by
requesting one from the Division of Early Care and Education within the
Department; contact information is located at www.dhhr.wv.gov/bcf.
4.2.b. An incomplete application shall be
considered withdrawn if not completed within 90 days of submission.
4.2.c. A licensee shall submit an application
for renewal of a license or certificate of approval to the Secretary not less
than 60 days prior to the expiration of the current license.
4.3. Waivers and Variances.
4.3.a. A center shall comply with the
provisions of W. Va. Code §
49-2-101
et seq.,
the requirements of this rule, terms of its license or certificate of approval
and any plan of correction, unless a written waiver or variance has been
granted by the Secretary. A center may not obtain a waiver of the requirements
of this rule on the basis of the inability to achieve compliance with the
rule.
4.3.b. A request for a
variance or waiver shall be submitted to the Secretary in writing. The request
shall include:
4.3.b.1. The specific
requirement of this rule requested to be waived or varied; and
4.3.b.2. The reason or reasons for seeking a
waiver or variance.
4.3.c. A waiver or variance of a specific
provision of this rule may be granted by the Secretary only if the following
criteria are met:
4.3.c.1. The center has
documented and demonstrated that the provision of the rule is inapplicable in a
particular circumstance, or that the center complies with the intent of the
provision in the rule in a manner not permitted by the rule;
4.3.c.2. The health, safety, and well-being
of a child is not endangered; and
4.3.c.3. The waiver or variance agreement
contains provisions for a regular review of the waiver or variance.
4.3.d. The waiver or variance
agreement is subject to immediate cancellation if a center fails to comply with
the stated terms of this rule.
4.4. Amendment of a License or Certificate of Approval.
4.4.a. A current licensee shall
apply for an amendment of a license or certificate of approval when:
4.4.a.1. Implementing an additional program
or changing a program described in the statement of purpose; or
4.4.a.2. Seeking to change the licensed
capacity of the center.
4.4.b. In addition to a completed application
requesting an amendment, a licensee shall submit to the Secretary in writing
any of the following that apply to the change:
4.4.b.1. A copy of the center's revised
statement of purpose as described in subsection 6.2. of this rule;
4.4.b.2. The qualifications of the director
and staff members;
4.4.b.3. A copy
of the center's revised plan for meeting program requirements and
staff-to-child ratios;
4.4.b.4. A
floor plan reflecting changes to the structure being used by a child care
center;
4.4.b.5. A positive
inspection report from the State Fire Marshal following any changes to the
center's operation and premises;
4.4.b.6. A positive inspection from the
county Department of Health, including the Department of Health Child Care
Center Inspection Report and the Department of Health Inspection Report for
Food Service Establishments;
4.4.b.7. Written menus developed by a
dietician or nutritionist, or proof of participation in the Child and Adult
Care Food Program administered by the Office of Child Nutrition in the
Department of Education; and
4.4.b.8. A Pest Management Report as required
by the West Virginia Department of Agriculture.
4.5. The Secretary may issue the following types of licenses or approvals:
4.5.a. An
initial six-month license or certificate of approval for applicants
establishing a new service;
4.5.b.
A regular or renewal license for a period of up to two years for a licensee in
compliance with this rule; and,
4.5.c. A provisional license for a licensee
not in full compliance with this rule but does not pose a significant risk to
children.
4.6. Conditions of a License or Certificate of Approval. As a condition of issuing a license or a certificate of approval the Secretary may:
4.6.a. Limit the age, problems, type of
behaviors, or physical or mental conditions of children allowed admission to a
particular center;
4.6.b. Prohibit
intake of any children; and,
4.6.c.
Reduce the number of children that the center is licensed to receive.
4.7. Denial or Revocation of a License or Certificate of Approval.
4.7.a. The
Secretary may deny, refuse to renew, or revoke a license or certificate of
approval if the center materially violates any provisions of West Virginia
Code, violates any terms or conditions of the license or certificate of
approval, or fails to maintain established requirements of child
care.
4.7.b. When the Secretary
denies, refuses to renew, or revokes a license or certificate of approval, the
licensee shall not operate the center without a court order pending
administrative or judicial review.
4.8. Closing of Center by the Secretary.
4.8.a. If the Secretary finds that the
operation of a child care center constitutes an immediate danger of serious
harm to the children served by the center, the Secretary shall issue an order
of closure terminating the operation of the center.
4.8.b. A center ordered closed by the
Secretary may not operate pending administrative or judicial review without a
court order.
4.9. Administrative and Judicial Review.
4.9.a.
Administrative and judicial review are subject to the provisions of W. Va. Code
§
29A-5-1
et
seq.
4.9.b. A decision
issued by the Secretary may be made effective from the date of issuance.
Immediate relief may be obtained upon a showing of good cause made by a
verified petition to the Circuit Court of Kanawha County or the circuit court
of any county where the affected center is located.
4.9.c. The pendency of administrative or
judicial review shall not prevent the Secretary from obtaining injunctive
relief pursuant to the W. Va. Code §
49-2-105.
Disclaimer: These regulations may not be the most recent version. West Virginia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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