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 78-3-23 - Intermediate Care Facilities for the Intellectually Disabled or Developmentally Disabled

Universal Citation: 78 WV Code of State Rules 78-3-23

Current through Register Vol. XLI, No. 38, September 20, 2024

23.1. Compliance.

Intermediate care facilities for children with intellectual disabilities and developmental disabilities shall comply with the federal Conditions of Participation (42 C.F.R. § 440.150 et seq. and § 483.410 through 483.480) except where state licensing standards are more stringent and apply.

23.2. An intermediate care facility for the intellectually disabled or developmentally disabled may accept a 17-year old into an adult group home under the following conditions:

23.2.1. The average age, developmental levels and social needs of the adult residents in the home is approximately that of the child unless the prospective child and the other adult residents of the home have developmental disabilities that are severe or profound or the adult residents are non-ambulatory, nonverbal or have multiple physical handicaps;

23.2.2. The home has arranged educational programming for the child that is as normative as possible;

23.2.3. The child has a reasonable ability to participate in age-appropriate community activities;

23.2.4. The placement is developmentally consistent with other adult residents of the home; and

23.2.5. None of the adult residents of the home have a history of sexual predation.

23.3. Restrictive behavior management techniques shall conform to federal guidelines for intermediate care facilities for the intellectually disabled or developmentally disabled.

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