West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-03 - Minimum Licensing Requirements for Residential Child Care and Treatment Facilities for Children and Transitioning Adults and Vulnerable and Transitioning Youth Group Homes and Programs in West Virginia
Section 78-3-10 - Management of Human Resources
Universal Citation: 78 WV Code of State Rules 78-3-10
Current through Register Vol. XLI, No. 38, September 20, 2024
10.1. Deployment of Employees.
10.1.1. The
organization shall retain sufficient numbers of qualified individuals to:
10.1.1.a. Efficiently and effectively meet
the demand for all services it provides; and
10.1.1.b. Provide and coordinate the services
that are within the organization's scope and mission.
10.1.2. The organization shall ensure that
sufficient, licensed, or certified professional clinical employees are employed
or available on a consistent basis to provide, at a minimum, that:
10.1.2.a. All intakes and diagnostic
assessments are completed by suitably trained and experienced professional
employees;
10.1.2.b. Professional
employees are available and mandated to provide direct supervision and
consultation to direct care employees, professional interns, and
paraprofessionals at a ratio appropriate to the number of employees or interns
supervised and the demands of the population served;
10.1.2.c. Professional employees or employees
under supervision for licensure or certification according to state law is
available and mandated to provide direct service to children and transitioning
adults for those organizations providing therapy services (individual, group
and family) or medical services, or both; and
10.1.2.d. Employees are available in
sufficient quantity and with sufficient credentials to address the needs of the
child as identified by the assessment and interdisciplinary team
process.
10.1.3. The
organization shall identify an individual at each program site responsible for
overall administration of the program at that site.
10.2. Personnel Practices.
10.2.1. The organization shall have policies
that comply with all federal and state statutes, rules, and regulations
regarding employment practices.
10.2.2. The minimum age of any person serving
as an employee for organizations serving children aged 13 and older shall be 20
years of age.
10.2.3. If the age of
the population served at an organization is uniformly 12 years and under, the
minimum age of the employees serving the population shall be 18
years.
10.2.4. If the program
serves transitioning adults up to age 21, the ages of the employees providing
direct care shall be at least three years older than the age of the eldest
child.
10.2.5. The organization
shall submit a request for a criminal history background check and a protective
services records check to the WV CARES unit of the Department for each
potential employee or independent contractor prior to permitting that employee
or independent contractor to work with children.
10.2.6. The organization will obtain a WV
CARES self-disclosure application and consent form signed by the potential
employee or independent contractor indicating any past criminal conviction or
pending charges.
10.2.7.
Documentation of the completed criminal history background check shall be
maintained with the personnel file of the applicant. Documentation shall
include a fitness determination of eligibility from the WV CARES unit and a
variance or waiver that has been granted by the Secretary if the applicant has
convictions of disqualifying offenses or pending charges.
10.2.8. The organization must demonstrate
compliance will all provisions of the WV CARES Act and its Legislative rule,
69CSR10. The organization may not allow employees or independent contractor to
work in a group residential child care and treatment facility prior to
receiving the results of the check.
10.2.9. Organizational policy shall prohibit
the engagement of any employee, volunteer, or independent contractor who has a
history of substantiated adult or child abuse or neglect.
10.2.10. Organizational policy shall prohibit
engagement or retention of either employees, contractors, or volunteers who
have a history of convictions for, or are on parole or probation for, a WV
CARES disqualifying offense.
10.2.11. The organization shall have a policy
and mandatory training process for all employees for compliance with mandatory
reporting requirements regarding allegations of abuse or neglect of children as
described in W. Va. Code §
49-2-801.
10.2.12. The organization shall have a
written job description and selection criteria for each position or group of
similar positions that includes the qualifications, expectations and
responsibilities required of employees. Job descriptions shall be readily
available to employees.
10.2.13.
The organization shall designate a supervisor for each separate service or
program.
10.2.14. The organization
shall employ persons who are qualified according to the job description and
selection criteria for the positions they occupy. An organization employing any
person who does not possess the usual qualifications for the position in which
he or she is employed shall have a written statement justifying reasons for
employing this person.
10.2.15. The
organization shall verify the credentials of all organization employees and
individuals, who are contract employees of the organization, including:
10.2.15.a. Education and training;
10.2.15.b. Relevant experience; and
10.2.15.c. State licensing or certification
requirements for their respective disciplines, if any.
10.2.16. If the job description allows less
than full licensure for individuals eligible for professional licensure or
certification, the organization shall demonstrate that:
10.2.16.a. A person with requisite
credentials provides appropriate supervision to the employees; and
10.2.16.b. The employees are actively working
toward licensure or certification, or both.
10.2.16.c. This requirement shall not be
construed to apply to individuals performing job duties that would not normally
require licensure or certification.
10.3. Volunteers.
10.3.1. The organization shall have a policy
that specifies the roles and responsibilities that volunteers may
assume.
10.3.2. The organization
shall ensure that volunteers receive regular supervision to provide assistance,
directions for activity and support.
10.3.3. Any documentation provided by
volunteers to be placed in a clinical record shall include the date and
signature of the volunteer's on-site supervisor prior to being placed in the
record.
10.3.4. The organization
shall ensure that volunteers understand the responsibilities of the position
and the time commitments required prior to formal assignment.
10.3.5. The organization shall formally train
volunteers in confidentiality prior to beginning their duties and shall
maintain documentation of the training.
10.3.6. The organization shall have a policy
requiring volunteer screening that shall include the same criminal history and
protective services background checks as required for employees and independent
contractors.
10.3.7. The
organization shall not use any volunteer who would not pass the criminal
history and protective services background checks or security requirements as
an employee or independent contractor.
10.4. Students and Student Interns or Residents.
10.4.1. Students covered by this
rule are those individuals serving an academic placement of more than 30 hours
on site per three-month quarter. Students serving less than 30 hours per
quarter shall be continually supervised by another employee and may not work
alone with children.
10.4.2. The
organization shall have a policy that specifies the roles and responsibilities
that students may assume.
10.4.3.
The organization shall ensure that students receive regular documented
supervision to provide assistance, directions for activity and
support.
10.4.4. Any documentation
provided by students to be placed in a clinical record shall include the date
and signature of the student's on-site supervisor prior to being placed in the
record.
10.4.5. The organization
shall formally train students in confidentiality prior to beginning their
duties and shall maintain documentation of the training.
10.5. Employee, Volunteer, and Student Records.
10.5.1. The organization shall
maintain personnel records for all employees, students, and volunteers. These
records shall be reviewed annually and updated as necessary, and contain, as
appropriate:
10.5.1.a. Identifying information
and emergency contacts;
10.5.1.b.
An application for employment, volunteer, or student service;
10.5.1.c. A job description or
contract;
10.5.1.d. Reference
verification;
10.5.1.e.
Documentation of education and licensure or certification;
10.5.1.f. Documentation of relevant training
as appropriate;
10.5.1.g.
Documentation of employee orientation including training in
confidentiality;
10.5.1.h.
Documentation of criminal history and protective services background checks;
and
10.5.1.i. Performance
evaluations (except students and volunteers) and documentation relating to
performance, including disciplinary actions and termination summaries, as
appropriate.
10.5.2.
Each organization shall have a record, stored separately, containing medical
information on each employee, volunteer, or student. The medical records shall
include:
10.5.2.a. An initial tuberculosis
screening before assumption of duties and a screening every five years
thereafter; and
10.5.2.b. Results
of random drug screens if required by organization policy.
10.5.3. The files shall be secured in a
confidential manner with limited access.
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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