Current through Register Vol. XLI, No. 38, September 20, 2024
7.1.
Staffing Plan.
7.1.1. An agency shall develop
and implement a staffing plan to provide for the effective implementation of
its services and programs that includes for each service position in the
agency, a job description detailing the responsibilities, qualifications, and
title of direct supervisor.
7.1.2.
An agency shall designate a supervisor for each service or program.
7.1.3. The staffing plan shall set a policy
for the ratio of supervisors to employees to ensure adequate guidance and
support for each employee.
7.1.4.
The staffing plan shall include a policy on case load size and the frequency
and nature of the staff contact with children.
7.1.5. The agency shall revise as needed the
staffing plan to reflect changes in services and programs.
7.2. Employment Practices. An agency shall
have written employment practices that include:
7.2.1. A requirement for an immediate
suspension of an employee upon any felony or misdemeanor charge for a
disqualifying offense until the charges are resolved, and a requirement that
the employee notify the director of any criminal charge within 24 hours. This
requirement shall provide that an employee convicted of these charges shall no
longer be permitted to provide direct services to children and their
families.
7.2.2. A requirement for
immediate suspension of an employee who is alleged to have sexually abused or
otherwise in.j.ured a child pending the outcome of the investigation.
7.2.3. A policy on the Statement of Child
Abuse or Neglect History form stating that upon employment, employees shall
sign and date a statement that defines child abuse or neglect, as defined in
subsection 3.6. of this rule, and outlines the employee's responsibility to
report immediately any suspected incident of child abuse or neglect to the
executive director or his or her designee, to the Institutional Investigative
Unit, and to the Child Abuse Hotline, 1-800-352-6513, in accordance with W. Va.
Code §
49-2-801 and §
49-2-803
etseq.;
and
7.2.4. A general code of
conduct on the relationship between employees, a child in placement and his or
her family including provisions:
7.2.4.a. That
contact be case related only as described in the child's service plan, and
continue only as specified in the plan;
7.2.4.b. That excursions are case related
only;
7.2.4.c. That a child cannot
stay overnight in the home of an employee, unless the child is in a
transitional living program; and
7.2.4.d. Guidelines for gift giving and
receiving between employees and those served; and
7.2.5. A policy that employees applying to be
foster or adoptive parents may not be considered for foster or adoptive
parenting by the agency that employs them.
7.3. Background Checks. An agency shall
submit a request for an application to the WV CARES unit of the Department for
each potential employee prior to the employee working with children. After
receiving notification from the WV CARES unit that a background check has
begun, an applicant may work under direct supervision on a provisional basis
for no more than 60 days while the background check is being processed. The
agency must document that it has completed the background check process for
each applicant pursuant to W. Va. Code § 46-49-1et seq.,
by receipt of a fitness determination of eligibility or variance, if
granted.
