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 78-3-7 - Governing Body and Organization

Universal Citation: 78 WV Code of State Rules 78-3-7

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

7.1. The organization shall have a clearly identified group of people (or person or partnership when applicable) that exercises authority over and has responsibility for its operation, policies, and practices.

7.2. An employee or member of the immediate family of an employee of any public organization that regulates or purchases or arranges the services of a privately run organization may not be a member of the governing body of the organization.

7.3. All members of the governing body shall be provided:

7.3.1. A formal orientation to the organization and responsibilities of membership of the governing body, which shall be documented;

7.3.2. Written information that specifies the member's fiduciary and other responsibilities of the organization;

7.3.3. Annual reports of the activities of the organization; and

7.3.4. Reports from all regulatory bodies.

7.4. The Governing Body shall:

7.4.1. Identify in writing the mission of the organization and develop a plan to meet that mission;

7.4.2. Ensure that all planned or provided services are consistent with the organization's mission and plan;

7.4.3. Oversee the organization's operations and services;

7.4.4. Determine whether services are within the organization's capabilities and resources;

7.4.5. Adopt administrative, employees, and program policies that are reviewed at least every two years;

7.4.6. Review and approve a budget prior to the beginning of the fiscal year;

7.4.7. Annually review and formally accept the financial audit;

7.4.8. Employ an administrator and delegate authority to that person to employ and dismiss employees, implement board policies, and manage day-to-day operation of the organization;

7.4.9. Permit the administrator or his or her designee to attend all meetings of the governing body and committee, with the exception of those held for the purpose of reviewing the performance, status, or compensation of the administrator.

7.4.10. Initiate a continuous quality improvement program and direct needed changes based on the results;

7.4.11. Annually review facility needs related to risk management;

7.4.12. Maintain a long-range plan and review it annually;

7.4.13. Maintain minutes and records generated from all meetings, including members who were present or absent;

7.4.14. Annually visit each organizational site;

7.4.15. Annually review facility needs related to capital improvements; and

7.4.16. Meet at least twice annually.

7.7. Administrator.

7.7.1. The administrator shall be responsible for the organization's daily operations.

7.7.2. The administrator shall perform the duties as prescribed by the governing body.

7.8. Conflicts of Interest.

7.8.1. The organization shall have a policy that defines and limits conflicts of interest.

7.8.2. All persons employed by or volunteering for the organization, the governing body, and consultants shall follow the policy.

7.9. Administrative File for the Organization.

7.9.1. An organization shall maintain an administrative file and make it available upon request of the appropriate governmental organization. It shall contain the following information and documents:

7.9.1.a. The governing structure including the charter and articles of incorporation as appropriate;

7.9.1.b. The most recent audit and financial statement;

7.9.1.c. The by-laws or other legal basis for its existence;

7.9.1.d. The name and position of persons authorized to sign agreements and submit official documentation to the appropriate government organization;

7.9.1.e. The governing body structure and its composition with names and addresses and terms of membership as appropriate;

7.9.1.f. Existing purchase of service agreements;

7.9.1.g. Insurance coverage (all types) including bonding documents if appropriate; and

7.9.1.h. A master list of all clinical and social service professionals used by the organization, either as employees or contractors.

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.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.