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 78-3-22 - Outdoor Therapeutic Educational Programs
Universal Citation: 78 WV Code of State Rules 78-3-22
Current through Register Vol. XLI, No. 38, September 20, 2024
22.1. Employee Ratios.
22.1.1. Employee ratios to children
shall be appropriate for the activity in which the group is engaged.
22.1.2. Employee ratios for high risk
activities shall be a minimum of four employees to 10 children.
(4-to-10).
22.1.3. The
employee-to-child ratio for away from main camp on low risk activities shall be
a minimum of 3-to-10.
22.1.4. In
main camp, the employee ratio shall be a minimum of two employees to 10
children (2-to-10).
22.1.5.
Employee ratios for groups away from camp may be adjusted downward for smaller
groups; however, safety and the adequacy of supervision shall be a paramount
concern.
22.1.6. At night:
22.1.6.a. Under normal weather conditions,
each gender shall sleep separately with one counselor assigned to each sex. In
cases of extreme weather, sexes may be in the same building or structure but
the employees on duty shall functionally separate them;
22.1.6.b. There shall be a minimum of one
employee per sleeping group. That employee may be sleeping when the group is in
the main camp or in the field. When the group is in the main camp, at least one
employee shall be awake and monitoring children at all times. The organization
shall have a policy regarding employee ratios to ensure the safety and security
of children at night when away from the main camp.
22.2. Credentials of Employees.
22.2.1. Direct care employees shall have a
minimum of a high school diploma or GED and skills, certifications, and
abilities unique to the environment, such as residential child care experience,
search and rescue certification, wilderness survival skills, camping skills,
etc. Direct care employees shall be responsible for group supervision and
monitoring on a day to day basis, including teaching basic living skills, role
modeling effective individual and group problem-solving skills and anger
management, and completing daily documentation as required.
22.2.2. Individuals providing counseling
service must meet the DHHR Bureau for Medical Service's policy on clinical
supervision or have the credentials to perform counseling services.
22.2.3. Teachers certified to teach by the
state of West Virginia shall be responsible for the oversight and supervision
of the educational program of the organization. The organization shall have at
least one teacher.
22.3. Employee Training.
22.3.1. All employees
responsible for the direct care of children shall be trained in the following
areas in addition to those cited in section 11 of this rule:
22.3.1.a. Water procurement, preparation, and
conservation;
22.3.1.b. Shelter
construction;
22.3.1.c. Food
preparation and storage in the field;
22.3.1.d. Fire site preparation and fire
building;
22.3.1.e. Low-impact
wilderness expedition and environmental conservation skills and
procedures;
22.3.1.f. Sanitation
procedures related to food, water, and waste;
22.3.1.g. Management of health issues unique
to the outdoor therapeutic educational program environment including
acclimation to the environment and environmental elements;
22.3.1.h. Basic training in rescue and water
safety for those employees responsible for water activities. A minimum of one
adult so trained shall be present at all times at all water
activities;
22.3.1.i. Navigation
skills including map and compass use and contour navigation;
22.3.1.j. Local environmental precautions
including sensitivity to terrain, weather, insects, poisonous plants, wildlife,
and the proper response to adverse situations involving any of these factors;
and
22.3.1.k. Management of the
health and safety of the group in severe weather conditions including a
possible evacuation plan.
22.3.2. All new employees shall be
accompanied at all times by experienced employees during the first month of
employment in the field and until all required trainings have been completed,
whichever is later.
22.4. Service Elements.
22.4.1. The organization shall have an on
grounds educational program that is of sufficient quality to allow students to
transfer educational credits to their County of origin. A teacher certified to
teach in the state of West Virginia shall be coordinating and providing
oversight to the educational program. Whenever possible, the educational
program shall be accredited by an appropriate educational accreditation
body.
22.4.2. The organization
shall have complete policies and procedures to guarantee child safety in any
off grounds activity, including but not limited to:
22.4.2.a. Backpacking;
22.4.2.b. Hiking;
22.4.2.c. Tent building and other
construction;
22.4.2.d. Ropes
courses;
22.4.2.e. Van
trips;
22.4.2.f. Off property
outings;
22.4.2.g. Canoe trips or
white-water rafting;
22.4.2.h.
Swimming or wading;
22.4.2.i.
Mountain biking;
22.4.2.j.
Skiing;
22.4.2.k. Soloing;
and
22.4.2.l. Rock
climbing.
22.4.3. The
policy shall discuss the following:
22.4.3.a.
Employee to child ratios for the activity;
22.4.3.b. Employee training and certification
prerequisites for participation.
22.4.3.c. Child training prerequisites for
participation, including safety training;
22.4.3.d. Special equipment or provisions
required for the activity including safety equipment such as life jackets,
safety ropes, helmets, etc., and food, water, etc. as necessary and
appropriate;
22.4.3.e. Evacuation
plans if they should become necessary during an activity;
22.4.3.f. Safety plans unique to the activity
(e.g., backpacking weights, rope safety and monitoring, etc.); and
22.4.3.g. The documentation necessary for the
activity.
22.4.4. All
policies and procedures shall be in conformity with nationally accepted
standards for the activity if they are available. If employee certification or
training is available in the activity, at least one employee present during the
activity shall be trained or certified. During water activities, at least one
employee shall be fully certified in water safety and lifesaving.
22.4.5. If the organization contracts with an
independent provider to guide or supervise the activities, the contractor shall
be appropriately certified if a certification is available.
22.4.6. General safety considerations:
22.4.6.a. Personal gear supplied to children
shall be appropriate in size, amount and protectiveness for the child and the
expected weather;
22.4.6.b. No
child shall be expected to pack more than 30percent of his or her body weight
at any time and special health considerations shall be taken into account if
they are necessary;
22.4.6.c.
Adequate food and water shall be available to employees and children at all
times in all activities;
22.4.6.d.
Equipment shall be regularly inspected as a matter of policy by the safety
committee or its designee for signs of wear or damage and the inspections shall
be documented and monitored;
22.4.6.e. Prior to any water activity, the
swimming ability of all children and employees shall be evaluated and
documented by an appropriately trained employee person. The organization shall
document that adequate arrangements for protection of non-swimmers have been
made on each activity;
22.4.6.f.
Soloing activities shall only be conducted with the written consent of a
licensed mental health clinician who has personally evaluated the child within
24 hours prior to the onset of the solo activity. At all times, employees shall
be in earshot of a distress call if it is necessary and shall conduct random
face to face checks of the status and condition of the child on intervals not
to exceed six hours; and
22.4.6.g.
The organization shall have a policy to ensure safety and security of children
who are acutely disturbed or suicidal, or both.
22.5. Abrogation of Client Rights.
While items of clothing may not be withheld as a punishment, children may be prevented from access to certain items of clothing (such as belts) as a safety measure. The criterion shall be whether the potential safety created by the restriction outweighs the harm of the restriction. The organization shall have a written policy regarding restriction of access to articles of clothing, approved by the governing body.
22.6. Environmental Issues.
22.6.1. The environment of an outdoor
therapeutic educational program is by definition limited in its handicapped
accessibility. The organization shall have an admissions policy that clearly
describes its degree of accessibility to clients with physical handicaps. The
organization shall make a reasonable effort to enable family members with
physical handicaps to access children, family therapy interventions and program
sites.
22.6.2. Outdoor therapeutic
education facilities are generally considered to be inappropriate for serving
children with serious physical handicaps; however, the organization is
responsible for finding a method of incorporating family members with physical
handicaps to a maximum degree into the therapeutic process.
22.6.3. The organization shall have policies
pertaining to the following with reference to any activities conducted away
from the main campus or building:
22.6.3.a.
Unique adaptations to dietary requirements as appropriate;
22.6.3.b. Sanitation and infection
control;
22.6.3.c. Waste
management;
22.6.3.d. Food storage
and handling;
22.6.3.e. Maintenance
of safe body temperature;
22.6.3.f.
Clothing and footwear;
22.6.3.g.
Field equipment;
22.6.3.h.
Communication with the main campus or management on an on-going and emergency
basis;
22.6.3.i. Medication storage
and security away from camp;
22.6.3.j. Disaster and severe weather plan
including procedures for evacuation; and
22.6.3.k. Procedures to follow for runaways
and elopements.
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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