West Virginia Code of State Rules
Agency 78 - Human Services
Title 78 - LEGISLATIVE RULE DEPARTMENT OF HUMAN SERVICES BUREAU FOR SOCIAL SERVICES
Series 78-20 - Informal and Relative Family Child Care Home Registration Requirments
Section 78-20-6 - Caregiver, Substitute, and Household Member Requirements

6.1.a. The caregiver or substitute shall be:

6.1.b. The caregiver or substitute shall ensure that alcoholic beverages or illegal substances are not used, and that no one present in the home is under the influence of those substances during the time children are in care.

6.1.e. A caregiver or substitute may not be impaired by any substance, medication, or medical cannabis to a level that would impair his or her ability to care for children.

6.1.d. The caregiver may only use a substitute to provide care for children during emergency situations, illness, and during occasional non-emergency situations such as vacations, child care training, and medical appointments.

6.1.e. A caregiver shall be physically present at the informal or relative family child care home and within sight or hearing of all children in care.

6.2.a. The caregiver shall, at his or her own cost, obtain a statement of good health from a licensed physician within 30 days of application for a certificate of registration and upon application for renewal of the certificate of registration. Statements of good health may be dated up to six months prior to application or renewal. The caregiver shall submit a copy of the medical report to the department and retain the original for the caregiver's files.

6.2.b. If an investigation determines a caregiver or household member may have a physical, mental, or emotional condition that could negatively impact the care of children, the caregiver shall provide a current physical or psychological examination report from a licensed physician or a licensed mental health professional assessing the condition and its impact on the provision of care for children, which will be used by the department to determine whether to continue, deny, or place limits on the certificate of registration.

6.3.a. An informal relative caregiver shall complete approved pre-service health and safety training prior to providing care.

6.3.b. A relative caregiver shall complete an initial two hours of approved health or safety training within 30 days of application.

6.3.c. Informal and relative caregivers shall obtain approved training in pediatric cardiopulmonary resuscitation (CPR) and first aid within three months of initial registration;

6.3.d. Informal and relative caregivers may obtain approved health and safety training through the local child care resource and referral agency or the local child and adult care food program.

6.3.e. Thereafter, a caregiver shall annually complete at least one hour of self-directed study related to child development.

6.3.f. A caregiver providing care for children under 13 months of age shall, within 60 days of accepting the child into care, complete either:

6.4.a. A caregiver shall ensure that a state and federal fingerprint-based criminal background investigation is performed on the caregiver and each adult household member pursuant to the provisions of the West Virginia Clearance for Access: Registrary and Employment Screening Act (WV CARES), W. Va. Code § 16-49-1 etseq., and 69CSR10 and shall keep the following information on file:

6.4.b. A state check of the sex offender registry or repository shall be done in the state where the caregiver and each adult household member currently resides and shall be done in any other state where the caregiver and each adult household member has resided in the past five years.

6.4.c. A search shall be done of the state-based child and adult abuse and neglect registries and protective services databases in each state where the caregiver and each adult household member resided during the preceding five years. The same search shall be done in the state where the caregiver and each adult household member currently resides, and shall be repeated every five years.

6.4.d. The secretary shall not grant a certificate of registration to an informal or relative family child care home if the caregiver or a household member is an active recipient of child or adult protective services or has a history of substantiated child or adult abuse or neglect as determined by a court of law or an investigation by the department's protective services staff.

6.4.e. The secretary shall not grant a certificate of registration to an informal or relative family child care home if the caregiver or a household member:

6.4.f. If the caregiver or household member fails to report convictions to the department, the informal or relative family child care home shall not operate or continue operations unless the caregiver requests a waiver or variance, and it is approved by the secretary.

6.4.g. An informal or relative family child care home shall report charges, indictments, and convictions of caregivers and household members to the department within 24 hours of their occurrence. If the informal or relative family child care home fails to report charges, indictments, and convictions within 24 hours of the their occurrence, the department will revoke the certificate of registration.

6.5.a. An informal family child care home shall have no more than three children under 13 years of age in care at any one time.

6.5.b. The number of children in the informal family child care home includes children under six years old who live in the home.