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 78-2-6 - Governance
Universal Citation: 78 WV Code of State Rules 78-2-6
Current through Register Vol. XLI, No. 38, September 20, 2024
6.1. Administrative Policies.
6.1.1. An agency shall develop and
maintain policies and procedures, including the dates of implementation, and
make them available to employees.
6.1.2. An agency shall operate in accordance
with its policies and procedures.
6.2. Legal Operating Authority.
6.2.1. An agency shall establish proof of the
legal authority for the operation of the agency by proof of a certificate of
existence or authorization issued by the West Virginia Secretary of State
confirming that an agency is organized to do business in the state and is in
good standing.
6.2.2. An agency
shall retain its charter, bylaws, partnership agreement, articles of
association or incorporation or other documentation at its principal place of
business available for inspection, including complete information about the
owners, and a list of the names, addresses, phone numbers, and terms of office
for the officers and governing board.
6.3. Governing Board.
6.3.1. An agency shall establish a governing
board or other supervisory structure whose responsibilities include:
6.3.1.a. Approving policy, defining, and
overseeing services, and being legally accountable for the operation of an
agency; and
6.3.1.b. Approving the
policies relating to the operation of its services and programs and compliance
with W. Va. Code §
49-2-101, etseq.,
and this rule.
6.3.2.
The governing board shall meet a minimum of twice per year and keep a permanent
written record of the minutes of all meetings of the board and its
committees.
6.3.3. The agency shall
appoint a full-time executive director or similar administrative position to
manage the daily operations of an agency.
6.3.4. The agency shall notify the Secretary
in writing of a change in the executive director position.
6.3.5. An agency shall not permit an
employee, member of an employee's family, or an employee of a public agency
that regulates, purchases the services of, or is responsible for placement
decisions, to serve on the governing board of the agency.
6.4. Standards of Ethical Conduct.
An agency shall develop, implement, and maintain written standards of ethical conduct for its governing board and its employees.
6.5. Confidentiality.
6.5.1. Anyone who obtains confidential
information while implementing W. Va. Code §
49-2-101, et
seq., may disclose it only to persons demonstrating a need that is
essential to this rule or as required by law.
6.5.2. An agency shall maintain the
confidentiality of all records in accordance with the provisions of W. Va. Code
§
49-5-101 and other applicable
laws.
6.5.3. An agency that
maintains records by electronic storage means shall secure them against loss,
tampering, or unauthorized use in accordance with the provisions of W. Va. Code
§
61-3C-1
etseq.
6.5.4. An
agency shall maintain policies and procedures for the disclosure, maintenance,
and security of its records.
6.5.5.
An agency shall provide specific training for employees, foster parents, and
adoptive parents on policy and procedures for confidentiality and information
disclosure.
6.5.6. An agency shall
obtain the written consent of the child's biological parents or guardian before
a child may participate in a publicity event for the agency.
6.5.7. An agency shall use any photographs,
audio or video recordings, or statements of a child in placement only in a
manner that respects and promotes the best interests of the child and with
permission of the child's biological parent or guardian.
6.5.8. An agency shall secure records against
loss, tampering, or unauthorized use by maintaining records in an appropriate
storage space and by establishing a procedure for restricting access to records
to authorized employees.
6.5.9. An
agency shall delete an individual's name and other identifying information when
its disclosure may violate the right of privacy.
6.5.10. An agency shall delete an
individual's name and other identifying information when using it for
educational or research purposes.
6.5.11. When an agency ceases operation, it
shall develop and implement a procedure for the secure storage or disposition
of all of its records.
6.6. Records.
6.6.1. Children in Placement. Each child's
record shall include:
6.6.1.a. The child's
name, social security number, gender, race, biological family's religious
preference, if any, and birth date;
6.6.1.b. An itemized list of the documents in
the record that are required to be maintained by this rule;
6.6.1.c. A current photograph that is to be
updated annually;
6.6.1.d. The
name, address, telephone number and marital status of the child's biological
parents or guardian;
6.6.1.e. The
names, addresses, and telephone numbers of the foster or adoptive parents where
the child is placed, including the dates of placement and removal;
6.6.1.f. The date of placement, name, address
and telephone number of the referring agency, and the name of the placing
worker and his or her supervisor;
6.6.1.g. The names, addresses, and telephone
numbers of the medical and other professional persons directly involved in
providing ongoing care for the child;
6.6.1.h. Information about the child's
allergies, medical conditions, or current prescribed medications;
6.6.1.i. The name, address and telephone
number of the child's school, the name of the primary teacher or other school
contact person, or the name, address, and telephone number of the child's
employer;
6.6.1.j. The placement
agreement;
6.6.1.k. Consent forms
signed by the biological parents or guardian authorizing the agency to provide
all necessary services and care; and
6.6.1.l. An individualized strength-based
assessment.
6.6.2. Foster
and Adoptive Parents. Each record for foster or adoptive parents shall include:
6.6.2.a. The names, birth dates, and schools
or work places for each household member, and the social security numbers of
the household members over age 18;
6.6.2.b. The address, telephone number and
directions to the foster or adoptive parent's home;
6.6.2.c. The date and type of certification
as foster or adoptive parents;
6.6.2.d. A list of all placements with the
child's name, dates of placement and removal, and a removal summary
statement;
6.6.2.e. Documentation
and verification of the foster or adoptive parent's financial status, marital
status, medical examination, and a written report of the interviews with their
references;
6.6.2.f. Narrative
reports of the initial home study, annual home safety assessment and
recertification;
6.6.2.g. A letter
of approval or denial from the agency including terms and conditions of the
approval or denial and any other written agreements;
6.6.2.h. Documentation of pre-service
training and continuing training as required under this rule;
6.6.2.i. A written statement of
acknowledgment by the foster or adoptive parents that they have received a copy
of the policies and procedures of the agency regarding the care and placement
of a child;
6.6.2.j. WV CARES
self-disclosure and consent form, a fitness determination of eligibility from
the Department, and any approved variances or waivers from the
Secretary;
6.6.2.k. A completed
"Authorization and Release for Protective Service and Provider Record Checks"
form;
6.6.2.l. Special incident
reports, investigations of child abuse or neglect allegations, noncompliance
with the agency's policies or procedures or the requirements of this
rule;
6.6.2.m. Plans of correction;
and
6.6.2.n. The date of closure
and closure summary report.
6.6.3. Employees. Each record for an employee
shall include:
6.6.3.a. The employee's
position, title, .j.ob description, date of hire and date of separation from
employment;
6.6.3.b. Documentation
of credentials and certifications;
6.6.3.c. Reports of any actions or incidents
relating to employment;
6.6.3.d.
Verification of completion of required training, including information on the
course title, date and hours of instruction, and the name of the
instructor;
6.6.3.e. WV CARES
self-disclosure application and consent form, a fitness determination of
eligibility form the Department, and any approved variances or waivers from the
Secretary;
6.6.3.f. A Completed
"Authorization and Release for Protective Service Checks" form;
6.6.3.g. Acknowledgment of receipt of the
agency's employee manual; and
6.6.3.h. A notice of resignation or
termination from the agency.
6.7. Operating Oversight.
6.7.1. An agency shall establish an emergency
telephone system that is available 24 hours a day, seven days a week, and have
procedures in place for:
6.7.1.a. Reporting an
allegation of abuse or neglect to the director, the Institutional Investigative
Unit, the placing worker, and the child abuse hotline;
6.7.1.b. Reporting an emergency or an
incident of harm, abuse or neglect, a suicide attempt, suspected criminal
activity, .juvenile delinquent activity, a medical emergency, a death, or
suspected use of illicit substances;
6.7.1.c. Identifying and reporting a child
who is absent without permission to the guardian or child abuse hotline and a
law enforcement authority immediately after determining the child cannot be
located;
6.7.1.d. Reporting an
incident in which the child is removed from the present location and from
further contact with the alleged adult offender until an investigation is
complete, medical care is obtained and law enforcement is notified;
6.7.1.e. Writing a report of the emergency or
incident to the director within 48 hours of the date of the emergency or
incident, that includes a description of the emergency or incident, the date
and time it occurred, names of the individuals involved, precipitating factors,
statements of witnesses, immediate actions taken by employees or other persons
and other relevant information concerning the incident;
6.7.1.f. Changing the child's service plan or
changing policy and procedures at the recommendation of the Secretary following
an emergency or incident; and
6.7.1.g. Training employees and foster or
adoptive parents in the procedure for emergencies and incidents.
6.7.2. An agency shall train
employees and foster or adoptive parents on the universal precaution
procedures.
6.7.3. An agency's
protocol shall:
6.7.3.a. Identify when
employees and foster or adoptive parents are found to be in substantiated
noncompliance with its policies and procedures that require a plan of
correction or that provide grounds for suspension, dismissal, or closure;
and
6.7.3.b. Establish time limits
on the plan of correction and provide for its monitoring.
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