West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-02 - Child Placing Agencies Licensure
Section 78-2-5 - Inspections, Complaints, Plans of Correction and Waivers

5.1.1. An agency shall permit the Secretary unrestricted access to the agency to conduct announced and unannounced inspections of all aspects of its operation and premises.

5.1.2. An agency shall permit review of an agency's case records, corporate and financial records, board minutes and employment files as requested by the Secretary during an inspection.

5.1.3. An agency shall permit access to agency employees, members of the governing board, foster or adoptive parents, and consumers receiving services from the agency as requested by the Secretary during an inspection within three business days of such request.

5.2.1. An agency shall provide all information requested by the Secretary and the Institutional Investigative Unit in the investigation of a complaint.

5.2.2. An agency shall limit internal assessment of an incident to ensure the safety of the children in placement without compromising the Department's subsequent investigation.

5.2.3. For any complaint against an employee alleging sexual abuse or serious physical in.j.ury to a child in placement, an agency shall remove the employee and discontinue the employee's contact with foster children until an investigation is completed and a determination is made.

5.2.4. For any complaint against a foster or adoptive parent alleging sexual abuse or physical in.j.ury to a child in placement by the foster or adoptive parent, an agency shall require immediate removal of the foster or adoptive children in that home to other appropriate care, and the agency shall ensure that the foster or adoptive parents discontinue contact with the children until an investigation is completed and a determination is made.

5.3.1. After a complaint investigation, the Secretary may require an agency to submit a plan of correction after the receipt of the written summary of the investigation. Depending on the nature of the investigation, the Secretary may require the plan of correction to be submitted as he or she deems appropriate, including immediately, but no more than 30 days.

5.3.2. Within 10 days of notification of the Secretary's approval of a plan of correction, an agency shall implement the plan, unless the approved plan specifies a different date for implementation.

5.3.3. When the Secretary provides notification that a proposed plan of correction is not approved, an agency shall submit another plan of correction within seven working days of the notification.

5.4.1. An agency shall comply with all relevant requirements within this rule unless a waiver or variance for a specific requirement has been granted by the Secretary through a written agreement.

5.4.2. An agency's written request for a waiver or variance from the Secretary shall include:

5.4.3. A waiver or variance of a specific provision of this rule may be granted by the Secretary only if the following criteria are met:

5.4.4. The waiver or variance agreement is sub.j.ect to cancellation if an agency fails to comply with the stated terms of this rule.