West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-19 - Family Child Care Home Registration Requirements
Section 78-19-4 - Certificate of Registration Information
Universal Citation: 78 WV Code of State Rules 78-19-4
Current through Register Vol. XLI, No. 38, September 20, 2024
4.1. Application for Registration.
4.1.a. Initial. -- The department shall issue
an initial certificate of registration to a family child care home upon
application and self-certification of compliance with this rule.
4.1.b. Renewal. -- The family child care home
shall submit an application for renewal of a current certificate of
registration at least 30 days before expiration of the certificate.
4.2. General Requirements.
4.2.a. A family child care home shall:
4.2.a.1. Be registered under the name of only
one caregiver per residence;
4.2.a.2. Be located in the residence of the
caregiver;
4.2.a.3. Operate no
longer than 18 consecutive hours within a 24-hour period. A six- hour break
must be taken every 18 hours; and
4.2.a.4. Comply with the provisions of this
rule.
4.3. Departmental Action on Applications for Registration.
4.3.a. Within 60 days of receipt of an
application for certificate of registration, the secretary shall provide a
written decision to the family child care home that does one of the following:
4.3.a.1. Issues a regular certificate of
registration if the family child care home certifies compliance with all of the
requirements of this rule;
4.3.a.2.
Issues a provisional certificate of registration if the family child care home
is temporarily unable to certify compliance with all of the requirements of
this rule; or
4.3.a.3. Denies a
certification of registration if the family child care home does not certify
substantial compliance with all of the requirements of this rule.
4.4. Terms and Conditions of Registration.
4.4.a. A
certificate of registration is not transferable to another family child care
home.
4.4.b. A certificate of
registration applies only to the family child care home at the location
identified in the application.
4.4.c. A family child care home shall
publicly display a valid certificate of registration.
4.4.d. A record of all substantiated
non-compliance complaints against registered family child care homes and
subsequent corrective action shall be maintained by the department and made
available to parents and the public upon request.
4.5. Types of Certificates of Registration.
4.5.a. A regular certificate of registration
is valid for a period of up to two years from the date of issuance unless
revoked or modified to a provisional status.
4.5.b. A provisional certificate of
registration is valid for six months from the date of issuance and may not be
reissued unless it is the recommendation of the State Fire Marshal.
4.6. Limitations on a Certificate of Registration.
4.6.a. The secretary may
place limitations on a certificate of registration based on findings:
4.6.a.1. Of insufficient space in the
home;
4.6.a.2. Of inadequate
sleeping areas;
4.6.a.3. Of the
provision of other home-based services, such as foster care and adult family
care; or
4.6.a.4. That require a
corrective action plan approved by the secretary.
4.6.b. The limitations may apply to:
4.6.b.1. The age, sex, and type of problems
of children in care;
4.6.b.2. The
intake of additional children; or
4.6.b.3. The total number of children in the
home.
4.7. Waivers and Variances.
4.7.a. A family child
care home may request a waiver or variance of any requirement in this rule if:
4.7.a.1. The health, safety, or well-being of
children in the home is not adversely affected; and
4.7.a.2. The rule does not prohibit a waiver
or variance for the requirement.
4.7.b. The request for a waiver or variance
shall be in writing, addressed to the secretary, and shall include the
following information:
4.7.b.1. The specific
requirement to be waived or varied;
4.7.b.2. The reasons for seeking a waiver and
why a specific requirement should not be applied in a particular circumstance;
and
4.7.b.3. The reasons for
seeking a variance and how compliance with a specific requirement of this rule
can be accomplished in a manner different from that set forth in W. Va. Code
§
49-2-101
et seq.,
or in this rule.
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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