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 78-3-26 - Vulnerable and Transitioning Youth Group Homes and Programs without Behavioral Health Treatment

Universal Citation: 78 WV Code of State Rules 78-3-26

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

26.1. Vulnerable and transitioning youth group homes and programs shall be exempt from the following provisions under this licensing rule: subdivision 12.9.4. (Interior Space Minimum Requirement for Youth Transitioning Private Living Spaces), paragraph 12.9.16.d. (Kitchen Sinks Requirement for Youth Transitioning Private Living Spaces), subsection 13.2. (Initial Assessment), subsection 13.3. (Initial Plan of Care), subsection 13.4. (Plan of Care), subsection 13.5. (Review of Plan of Care), subsection 14.14. (Daily Schedules), and subsection 14.16. (Special Services and Populations).

26.2. Vulnerable and transitioning youth group homes and programs shall also be exempt from the requirements in these provisions as they relate to the plan of care: subsection 14.2. (Involvement of Families and Guardians), subsection 14.3. (Behavioral and Therapeutic Interventions), subsection 14.5. (Medication Control and Administration), subsection 14.7. (Case Records), subsection 14.9. (Termination and Discharge), subsection 14.10. (Education Service), and section 15. (Restrictive Behavioral Interventions).

26.3. Vulnerable and transitioning youth group homes and programs shall develop the following programs, procedures or polices, or both, and make them available to employees and residents:

26.3.1. The information and documentation required under this licensing rule;

26.3.2. Practices developed by the organization based upon departmental requirements;

26.3.3. Programming that provides for youth to move between tiers as needed.

26.3.4. Programming that utilizes the following guiding principles:

26.3.4.a. Continued flexibility, innovation, and targeted and tailored services;

26.3.4.b. Positive youth development;

26.3.4.c. Adolescent brain development;

26.3.4.d. Peer-to-peer relationships and role of adults; and,

26.3.4.e. Transparency.

26.3.5. A complete and detailed description of the range of services offered and eligibility requirements for admission;

26.3.6. Description of life skills services that the program provides to youth;

26.3.7. Age requirements for youth with a minimum of age 15 and a maximum of age 21;

26.3.8. Specific, service training to employees providing transitional living services prior to their direct work with youth, including the following:

26.3.8.a. Life skills assessment;

26.3.8.b. Transition plan or futures plan development;

26.3.8.c. Crisis response

26.3.8.d. Advocacy to include training and knowledge of the Free Application for Federal Student Aid (FAFSA);

26.3.8.e. Mentoring;

26.3.8.f. Linkage and referral; and

26.3.8.g. Adolescent brain development.

26.3.9. Programming to provide sex trafficking prevention programming that shall include:

26.3.9.a. Education about sex trafficking including what it is and the prevalence of it;

26.3.9.b. Education about understanding one's vulnerabilities and how to protect self from traffickers;

26.3.9.c. Education about how to enhance the youth's existing support system of family, friends, and community;

26.3.9.d. Education about services for housing, homelessness prevention, and educational support; and

26.3.9.e. Education to prevent running away.

26.3.10. Description of the supervision ratio that is adequate to ensure safety and is appropriate for the youth's age and individual needs;

26.3.11. Additional support services as required for youth as indicated in the youth's transition plan and the program tier the youth is enrolled;

26.3.12. Initial assessment of a youth's life skills within 30 days of placement and an assessment of the youth's progress in acquiring basic living skills at a minimum of once every six months;

26.3.13. Transition plans that addresses each life domain developed within 60 days of placement and reviewed every 90 days;

26.3.14. Assessment of a youth's health and medical needs and ensures that any youth receives appropriate health screening and services, including medical and dental screening and services;

26.3.15. Training for youth on living wills, credit reports, health care surrogate, and reproductive health;

26.3.16. Procedures to ensure emergency services to youth while in transitional living that include:

26.3.16.a. Access to emergency services by the organization 24 hours a day, seven days a week;

26.3.16.b. A plan developed by the organization for emergency medical care and emergency evacuation;

26.3.16.c. Training by the organization upon placement on how to use the organization's emergency telephone answering system; and

26.3.16.d. An agency employee designated to respond in person to the youth, within an appropriate time frame for the youth's age and development, of the youth's call for assistance.

26.3.17. The determination of the appropriateness for living arrangements used for offsite transitional living that includes provisions that ensure:

26.3.17.a. Assistance provided for the youth to find a safe, affordable living arrangement;

26.3.17.b. Assessment that a dwelling complies with the State Fire Code and applicable health, zoning and building codes;

26.3.17.c. Assessment that a dwelling has indoor cooking and bathing facilities.

26.3.18. A process for developing appropriate aftercare or discharge plans for youth that contains a detailed description of the education, counseling and treatment that the child received at the out-of-home placement and it shall also propose a plan for education, counseling and treatment for the child upon the child's discharge. The plan shall also contain a description of any problems the child has, including the source of those problems, and it shall propose a manner for addressing those problems upon discharge. The aftercare or discharge plan will be incorporated into the youth transition plan.

26.3.19. A description of the grievance procedure for expressing and resolving complaints or concerns;

26.3.20. Daily schedules for youth for the following, but is not limited to; free time, community service, job preparation, education, driver's education, or basic living skills development;

26.3.21. The process on serving youth with developmental disabilities or intellectual disabilities shall ensure that employees are trained to properly provide habilitation services and supervision in the following areas as appropriate for the population served:

26.3.21.a. Feeding;

26.3.21.b. Communication with nonverbal individuals;

26.3.21.c. Use of community recreation options;

26.3.21.d. Management of self-abusive and aggressive behavior;

26.3.21.e. Adaptive living skills;

26.3.21.f. Person first language and attitudes;

26.3.21.g. Therapeutic behavioral supports; and

26.3.21.h. Implementation of normalcy.

26.3.22. The process for serving individuals with developmental disabilities with supportive services to help them fully interact with the community and achieve maximum independence.

26.4. A youth's case record shall contain:

26.4.1. Written permission from a guardian to be exempted from any medication administration regulation as outlined in the youth's transition plan and how it will assist the goal of independence, for youth under the age of 18;

26.4.2. Written permission from his or her parents or guardian for a youth under the age of 18 years to enter a scattered site transitional living arrangement;

26.4.3. A written service agreement with a youth entering a transitional living arrangement, and an alternate placement plan for a youth who is unsuccessful in an independent living arrangement;

26.4.4. A written assessment by an agency of a youth life skills prior to placing him or her in a transitional living arrangement or a life skills assessment completed within 30 days of admission;

26.4.5. Development or revision of a youth's transition plan within 60 days of admission, with follow-up reviews of the transition plan every 90 days; and

26.4.6. A monthly budget for each youth that outlines income, savings, and expenditures.

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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