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 78-1-8 - Staffing
Universal Citation: 78 WV Code of State Rules 78-1-8
Current through Register Vol. XLI, No. 38, September 20, 2024
8.1. This section applies to all center personnel including the private owners, volunteers, and parents who receive compensation for their duties or who are used by the center to meet staff-to-child ratios.
8.2. Persons at a child care center who are not subject to this rule include:
8.2.a. An adult who is in the center for
brief periods in the normal course of carrying out business or professional
activities and is not left alone with the children; or
8.2.b. A parent of an enrolled child who is
at the center only for the purpose of performing parental responsibilities in
relation to his or her own child.
8.3. Staffing Procedures.
8.3.a. A center shall provide each new staff
member with a notification letter that includes his or her effective date of
hire, position title, qualifications, duties, and responsibilities at the time
of hiring.
8.3.b. A center shall
conduct performance evaluations:
8.3.b.1. On
all staff at least once a year; and
8.3.b.2. On all newly employed staff members
and staff members new to their positions at three months, six months, and 12
months.
8.3.c. A center
shall provide each staff member with:
8.3.c.1.
A written copy of his or her most recent evaluation, signed by the center's
director or director's designee and the evaluated staff member; and
8.3.c.2. A professional development plan
based on the evaluation.
8.3.d. A center shall maintain a file for
each staff member that includes:
8.3.d.1. A
current job description;
8.3.d.2.
Documentation that references have been verified including three references for
the center director and two references for other staff members;
8.3.d.3. Records of employment, including a
duplicate copy of all performance evaluations; and
8.3.d.4. A verification of the staff member's
education and qualifications.
8.4 Staff Character and Background.
8.4.a. A center shall use staff members and
volunteers with:
8.4.a.1. A good reputation
and character;
8.4.a.2. Sufficient
education, training, and experience to provide the skills necessary for
carrying out the essential functions of his or her job with or without
reasonable accommodation;
8.4.a.3.
Sound judgment, emotional maturity, and an understanding of children;
8.4.a.4. A demonstrated ability to perform
assigned tasks;
8.4.a.5. The
ability to correct hazards that might harm the health, safety, and well-being
of the children;
8.4.a.6. The
ability to work with children without mistreatment or abuse;
8.4.a.7. The ability to encourage children
and to provide them with a variety of learning and social experiences
appropriate to the age of the children;
8.4.a.8. The ability to support children's
physical, emotional, psychological, social, and personal development;
and
8.4.a.9. The ability to
communicate effectively and to respect confidentiality.
8.4.b. No person shall be on the premises or
have contact with the children in care whose health or behavior would harm the
children:
8.4.b.1. Who is under the influence
of alcohol or an illegal drug; or
8.4.b.2. Whose functioning is impaired due to
being under the influence of medical cannabis or a legal
pharmaceutical.
8.4.c.
Other than the exceptions cited in subdivision 8.4.e., a center shall ensure
that a state and federal fingerprint-based criminal background investigation is
performed on each staff member and volunteer 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.,
69CSR10, and shall keep the following information on file:
8.4.c.1. A completed and signed WV CARES
self-disclosure application and consent form. A copy of the form shall be on
file and uploaded to the WV CARES system no later than the date of
hire;
8.4.c.2. A variance or waiver
if the individual has convictions or pending charges of disqualifying
offenses;
8.4.c.3. A fitness
determination of eligibility from the WV CARES unit; and
8.4.c.4. A center shall update the
documentation of a completed background check in each staff member's file at
the expiration of rap back enrollment.
8.4.c.5. A state background check shall be
completed in any other state where the staff member or volunteer has resided in
the past five years. For a staff member or volunteer who works in the state of
West Virginia and resides in another state, a state background check is
required for the state they reside. Fingerprint checks for other states are
optional. All staff members and volunteers must complete a criminal background
check through WV CARES.
8.4.c.6. A
check of the sex offender registry or repository shall be done on each staff
member and volunteer.
8.4.c.7. A
check of the sex offender registry or repository shall be completed in another
state where the staff member or volunteer has resided in the past five years.
For a staff member or volunteer works in the state of West Virginia and resides
in another state, a check of the sex offender registry or repository shall be
completed in the state they reside.
8.4.d. A search shall be done of the
state-based child and adult abuse and neglect registries and protective
services databases in each state where the staff member or volunteer resided
during the preceding five years. The same search shall be done in the state
where the staff member or volunteer currently resides and shall be repeated
every five years.
8.4.e. A center
does not require a criminal background check on the following:
8.4.e.1. A new staff member who has on file
at the center documentation of the required criminal history investigations
within the previous 180 days;
8.4.e.2. An individual not associated with
the center, but contracted to provide lessons or other services for brief
periods to the children while center staff are present; or
8.4.e.3. A parent who transports children on
an irregular basis for field trips without pay or compensation.
8.4.f. No person shall work with a
child or children prior to the center receiving the required fitness
determination of eligibility from the WV CARES unit.
8.4.g. The Secretary may require a criminal
background check for good cause.
8.4.h. For individuals over 13 and under 18
years of age, prior to permitting them direct contact with the children on a
regular basis, a center shall have on file a signed affidavit from the
individual's parent stating that his or her child has never been arrested or
convicted of an offense against a person.
8.5. Hiring Prohibitions.
8.5.a. A center shall not employ or use an
individual who is currently on parole or probation for a felony conviction, or
is currently under indictment, has pending charges, or has been convicted or
entered a plea of guilty or no contest to any of the disqualifying offenses as
defined in W. Va. Code §
16-49-1(8),
69CSR10-2.10., or other crimes that the Secretary determines may pose a risk to
children.
8.5.b. A center shall not
hire or continue to employ or use any individual who is determined by the
Department to have abused or neglected a child or incapacitated
adult.
8.5.c. A center may not
employ or use an individual who has entered a plea of guilty or no contest or
has been convicted of a disqualifying offense unless the Secretary grants a
waiver or variance.
8.5.d. A center
may not use an individual who failed to disclose a conviction or pending
charges on a WV CARES self-disclosure application and consent form or failed to
disclose a finding of abuse or neglect unless the Secretary grants a waiver or
variance.
8.5.e. A center shall
have policies and procedures that include protocols requiring:
8.5.e.1. A staff member or volunteer to
report his or her criminal arrest, charge, indictment, or conviction for a
criminal offense to the center director within 24 hours;
8.5.e.2. A staff member to report to the
center director that he or she is the subject of an abuse or neglect
investigation;
8.5.e.3. The center
to notify the Secretary of the staff member's report within 24 hours;
and
8.5.e.4. That the center
prohibits a staff member or volunteer who is accused of having sexually abused
or otherwise injured a child or incapacitated adult from caring for or having
contact with children pending the outcome of an investigation.
8.5.f. If a center chooses to
advocate for a waiver or variance_for an employee, then it shall have policies
and procedures regarding waivers or variances that do not conflict with
Department policies. The policy must include procedures for:
8.5.f.1. Informing the staff member of the
waiver or variance process and time limit for requesting a waiver or
variance;
8.5.f.2. Providing a
statement of support for the waiver or variance request from the center
director;
8.5.f.3. Ensuring that
the staff member does not have contact with, or is removed from contact with,
the children until the Secretary reaches a decision on the waiver or variance
unless the licensee, staff member, and the Department agree to a written safety
plan that permits the staff member to continue in a staff position until the
Secretary reaches a decision.
8.5.g. A center shall secure from the
employee a recent health assessment performed not more than 90 days prior to
the date hired for the employee and signed by a licensed health care provider.
The health assessment shall be on file no later than 30 days from the first
date of employment. A health assessment for a volunteer shall be on file if the
volunteer is scheduled to work at least 40 hours per month in the center. The
health assessment shall include:
8.5.g.1. A
significant health history which the center needs to know in order to protect
the health of the employee or the health and safety of children in
care;
8.5.g.2. A physical
examination, including vision and hearing screening;
8.5.g.3. A statement that the prospective
staff member has no known condition or disease which would interfere with the
proper care of children; and
8.5.g.4. A tuberculosis risk assessment or a
tuberculosis screening by the Mantoux method, if a screening is indicated by
the tuberculosis risk assessment.
8.5.h. For staff currently employed, a center
shall keep on file a health assessment that is updated every two years except
the tuberculosis risk assessment or tuberculosis screening discussed
above.
8.6. Staff Responsibilities, Qualifications, and Training Requirements.
8.6.a. A center shall assign one individual
the responsibility for monitoring and implementing training and maintaining
training records.
8.6.b. A center
shall require all staff to meet approved pre-service training requirements and
pre-service education qualifications other than that noted in subdivision
8.6.c. Provided: Staff persons who have remained employed by the center since
July 1, 2003, and have been in continuous employment in that position or one
requiring greater qualifications in a child care setting since July 1, 1998,
shall be considered to meet the qualification of their position except the
requirement of approved pre-service training.
8.6.c. A center may offer an applicant for a
lead teacher or teacher position conditional employment for a period of up to
three months pending completion of the pre-service education and training
requirements described in this section.
8.6.d. Prior to caring for children, all
current and potential staff are required to complete approved pre-service
training. Prior to or during the first week of employment and prior to having
sole responsibility for a group of children, a center shall provide orientation
to the staff member that includes a review of:
8.6.d.1. Licensing, other regulatory
requirements, and a center's administrative manual;
8.6.d.2. Policies, staff duties and
professional development plans;
8.6.d.3. Policies and procedures for
confidentiality and information disclosure, behavior management, and reporting
child abuse and neglect;
8.6.d.4.
Policies and procedures for basic sanitation and infection control;
8.6.d.5. Policies and procedures for safety,
including prevention of injury both indoors and outdoors, fire safety,
emergency response and, for programs serving infants, safe sleep
practices;
8.6.d.6. The statement
of purpose;
8.6.d.7. The daily
schedule of the center and the specific schedule for the group of children to
which the staff person is assigned, including the planned program of
activities, routines, and transitions; and
8.6.d.8. Communication at a center, including
procedures to inform staff of any special dietary or other needs of the
children for whom they will be responsible.
8.6.e. A center shall document that
preservice training and orientation training was provided by having the staff
member and center director sign a statement acknowledging receiving both
preservice and orientation training and shall keep the statement in the staff
member's file.
8.6.f. A center
shall ensure that all staff members receive approved training in:
8.6.f.1. Pediatric Cardiopulmonary
Resuscitation (CPR) and First Aid. Within three months of employment or use
staff members shall have current pediatric CPR certification and current first
aid training. Except in the first year of employment or use, training in
pediatric CPR and First Aid is in addition to the requirement for annual
professional development.
8.6.f.2.
Abuse Recognition and Prevention. Within three months of employment or use,
staff members shall have training in child abuse recognition and prevention.
Training in child abuse recognition and prevention may be used to meet the
requirement for annual professional development described in this
section.
8.6.g. Prior to
administering medication, the qualified staff member shall have training from
an approved training source in medication administration. Training in
medication administration may be used to meet the requirement for annual
professional development described in this section.
8.6.h. A center shall ensure that prior to
assuming management duties, including supervising other qualified staff
members, assisting the director, or serving as the designated person-in-charge
of a center, a qualified staff member:
8.6.h.1. Completes the requirements for
orientation training and management orientation training that includes a
detailed review of the center's administrative manual and management practices;
and
8.6.h.2. Co-signs with the
director a statement which is kept in the staff member's file acknowledging he
or she received management training.
8.6.i. A center that operates or plans to
operate programs for children 24 months of age and under shall meet the
requirements of this subdivision for staff training:
8.6.i.1. Prior to starting the program, shall
ensure that each qualified staff member caring for the child has received a
minimum of 40 hours of approved training related to the care of children 24
months of age and under, and shall submit documented evidence of the training
to the Secretary.
8.6.i.2. For an
existing program which has been approved to expand the program or experiences
staff turnover, shall ensure that within six months of beginning to care for
children twenty-four months of age and under, each qualified staff member shall
have a minimum of 40 hours of approved training related to the care of children
24 months of age and under. Until all staff members meet the requirements of
this section, the center shall ensure:
8.6.i.2.A. That one qualified staff member
who has completed the minimum approved training, is present in the
infant/toddler program for at least half of the operating hours
daily;
8.6.i.2.B. That each staff
member has a written plan for the completion of training that is agreed upon
during orientation; and
8.6.i.2.C.
That the center develops a mentoring plan which provides for weekly mentoring
by a qualified and trained staff person for each staff member that has not
completed approved training.
8.7. Professional Development.
8.7.a. All qualified staff shall complete 15
hours of approved training within the first year of employment according to the
following:
8.7.a.1. A director shall have six
hours in management training within the required 15 hours; and
8.7.a.2. Qualified staff members shall have
six hours of training related to the age group of children for which they care,
within the required 15 hours.
8.7.b. All qualified staff shall apply for
credentialing on the WV STARS Career Pathway.
8.7.c. All qualified staff shall complete the
approved training which is necessary to keep the credential current.
8.7.d All qualified staff shall complete at
least 15 hours of approved training annually. Training hours can be applied to
the hours required to keep a credential current on the West Virginia STARS
Career Pathway.
8.7.e All staff in
positions that are not qualified staff positions shall have training within the
first three months of employment related to their responsibilities, renew child
abuse and neglect recognition every three years, and keep first aid and
pediatric CPR certification current.
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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