West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-18 - Family Child Care Facility Licensing Requirements
Section 78-18-23 - Reporting and Investigation of Complaints
Universal Citation: 78 WV Code of State Rules 78-18-23
Current through Register Vol. XLI, No. 38, September 20, 2024
23.1. Reporting.
23.1.a. The operator shall immediately report
any serious incident affecting the operation of the facility to the Department
and follow up with a written report within 72 hours on a form designated by the
Department.
23.1.b. The operator
shall report the following situations:
23.1.b.1. Any accident, injury, or illness
occurring while a child is in care that results in emergency treatment,
hospitalization, or death;
23.1.b.2. Any serious communicable disease of
a child, operator, employee, or family member that results in temporary closure
of the facility;
23.1.b.3. Any
incident which results in legal action by or against the facility;
and
23.1.b.4. Serious violations of
requirements by the facility operator or its employees such as use of physical
punishment or failure to supervise which could have resulted in harm to a
child.
23.1.c. In
accordance with W. Va. Code §
49-2-801
et seq.,
the operator shall immediately report suspected child abuse or neglect to the
statewide child abuse and neglect intake hotline or to Department child
protective services staff in the county office where the facility is
located.
23.1.d. The operator shall
also notify the Department, in writing, of any occurrence affecting the
operation of the facility. This includes, but is not limited to, the following:
23.1.d.1. A change in ownership that requires
the new owner to file for a new application;
23.1.d.2. A change of operator;
23.1.d.3. Closure of the facility;
23.1.d.4. A change in hours of operation or
change in ages of children served;
23.1.d.5. Additions to or reductions in space
affecting the facility's capacity;
23.1.d.6. Additions such as a swimming
pool;
23.1.d.7. Reductions such as
removal of fences;
23.1.d.8.
Location of facility which requires the owner to file for a new
application;
23.1.d.9. A disaster
such as a fire or flood that damages the facility; and
23.1.d.10. A change in the composition of the
household.
23.2. Investigation of Complaints.
23.2.a. A facility shall fully cooperate with
the Secretary in the investigation of any complaints including alleged
violations of the requirements of this rule, allegations of creating or
otherwise causing risk of serious harm to a child, a violation of the juvenile
or criminal laws of this state, or reports of suspected child abuse or
neglect.
23.2.b. If a complaint
alleges that the behavior or conduct of any operator, employee, household
member, or volunteer may pose risk of serious harm to a child in care, the
facility shall immediately remove that person from further contact with the
children until an investigation is completed and a determination is
made.
23.2.c. If the Secretary
determines there are violations of this rule, a facility shall submit a plan of
correction within 30 days of receipt of the written summary report.
23.2.d. The operator shall fully implement
the approved plan of correction within the time frame specified by the
Secretary.
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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